ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Misconduct (392, 397, 498, 499, 507, 210, 263, 389, 390, 391, 393, 395, 396, 398, 843, 969, 394, 508, 510, 511, 512, 513, 942, 514, 817, 908, 941, 943, 509, 901, 909, 910, 911, 912, 917, 642, 679, 820, 827, 652, 728, 860, 784, 898, 902, 903, 904, 906, 907, 913,-666)

You searched for:
Keywords: Misconduct
Total judgments found: 161

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9 | next >



  • Judgment 2067


    91st Session, 2001
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The [organization] did fail in the duty incumbent on all international organisations to treat staff members with dignity and avoid causing them undue and unnecessary injury [...] [It] was aware of the unhealthy working atmosphere [...] the complainant [had to face]. That atmosphere was allowed to linger 'without the necessary assistance being given to sort matters out'."

    Keywords:

    failure to answer claim; misconduct; organisation; organisation's duties; respect for dignity; working relations;



  • Judgment 2048


    91st Session, 2001
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 15

    Extract:

    Sending a threatening letter to a colleague is unacceptable conduct by an international civil servant. The Tribunal is of the opinion that this is a valid reason for not renewing a contract.

    Keywords:

    conduct; contract; decision; disciplinary measure; freedom of speech; grounds; misconduct; non-renewal of contract; staff member's duties; working relations;



  • Judgment 2009


    90th Session, 2001
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant was suspended without pay for three months after being accused of making a false declaration and submitting false information to a court of law. The Joint Disciplinary Board found that there was sufficient evidence to prove his wrongdoing. "The Tribunal is satisfied that the Joint Disciplinary Board was entitled, having weighed the evidence, to draw the conclusions it did. It found that the complainant's explanations were not credible and rejected them. Where doubt does not exist, the question of the benefit of the doubt does not arise. So the complainant cannot succeed on the plea that his employer was bound to accept that he had made a mistake. The Board was fully justified in its findings."

    Keywords:

    appraisal of evidence; benefit of doubt; conduct; disciplinary measure; disciplinary procedure; evidence; fitness for international civil service; general principle; misconduct; misrepresentation;



  • Judgment 1984


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant was dismissed for serious misconduct. He argues that the German criminal law would have taken into account mitigating circumstances, something the organisation failed to do. "Although under German criminal law these facts might remove or mitigate the penal nature that could attach to the offence of attempted fraud, when disciplinary sanctions are applied it is immaterial whether or not an act is criminal. Furthermore, the fact that the organisation in the end suffered no financial injury because it did not have to pay out money it did not owe, does not mean that the complainant's misconduct should not have been sanctioned."

    Keywords:

    disciplinary measure; domestic law; lack of injury; misconduct; mitigating circumstances; separation from service; serious misconduct; termination of employment;



  • Judgment 1977


    89th Session, 2000
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant asserts that the Ad Hoc Panel failed to give reasons for its opinion because it did not give a reasoned reply to his assertion that it had been improperly constituted. The argument is ill conceived. The obligation of a disciplinary body to give reasons for its opinions is limited to the disciplinary matters remitted to it. The reason is so that the person subjected to a disciplinary measure may know why a penalty is being imposed upon him and may, if he thinks appropriate, appeal against the decision. But an administrative body, such as the Ad Hoc Panel, has no power and hence no obligation to decide in any definitive way upon its own remit. Of course, it must listen attentively to any objections that are made to the effect that it is exceeding or is about to exceed its powers and must take a position on such objections by either continuing to act or changing its course of action. But in the final analysis, the decision as to whether such a body is acting within its powers or beyond them must lie elsewhere and a person in the complainant's position suffers no prejudice from its failure to give reasons for declining to accede to his objections."

    Keywords:

    abuse of power; advisory body; composition of the internal appeals body; disciplinary procedure; duty to substantiate decision; misconduct; misuse of authority; purpose; report;

    Consideration 10

    Extract:

    "The complainant's contention that the penalty of dismissal was disproportionate to the offence is wholly without merit. He defrauded his employer of substantial sums of money in circumstances that left no room for doubt that he both knew what he was doing and knew that it was wrong. When his actions came under suspicion, he falsified documents in an attempt to justify himself. His actions fell far below the standards expected of any employee let alone the high standards required of an international civil servant. the penalty of dismissal was amply warranted."

    Keywords:

    conduct; disciplinary measure; fitness for international civil service; misconduct; misrepresentation; proportionality; serious misconduct; termination of employment;

    Consideration 3

    Extract:

    "The complainant on several occasions filed claims and received reimbursement for duty travel in business class while he had in fact travelled in economy class, pocketing the difference. [...] There is no evidence to support the complainant's contention that this fraud was condoned or approved by the Agency and [...] his suggestion that his fraudulent practice was widespread amongst other Agency personnel, which is likewise not supported by any evidence at all, is wholly irrelevant: even if all the Agency's officers had been defrauding it in the same manner as the complainant, that would constitute no excuse for him. Where several persons commit the same crime, the guilt of one is not lessened by that of the others."

    Keywords:

    conduct; evidence; fitness for international civil service; misconduct; official travel; practice; serious misconduct; travel expenses;

    Consideration 4

    Extract:

    The complainant refused to avail himself of his right to respond to allegations during the internal investigations of his serious misconduct. "In these circumstances, the complainant's request for a hearing is manifestly unjustified. The complainant has offered no evidence at any stage of the proceedings against him, therefore, such a hearing could not possibly add anything to the record before the Tribunal."

    Keywords:

    evidence; misconduct; oral proceedings; refusal; right; right to reply; serious misconduct;



  • Judgment 1975


    89th Session, 2000
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant, a security guard, was dismissed for committing a fault: he had disactivated an alarm button to prevent it from setting off inadvertently and had forgotten to tell his colleagues. "The oversight by the Personnel Department, which omitted to carry out the statutory medical examination [on cessation of service], does not affect the lawfulness of the impugned decision."

    Keywords:

    decision; disciplinary measure; due process; effect; medical examination; misconduct; negligence; termination of employment;



  • Judgment 1927


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "In practice, while suspension is indeed an essentially interim measure which maintains the rights of the staff member concerned, as the Tribunal recalled in Judgment 353 [...], it is nevertheless a decision which causes injury to the person concerned."

    Reference(s)

    ILOAT Judgment(s): 353

    Keywords:

    case law; disciplinary procedure; injury; misconduct; safeguard; staff member's interest; suspension;



  • Judgment 1925


    88th Session, 2000
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "There can be no doubt that theft by an official of an international organisation of goods belonging to that organisation constitutes serious misconduct which may warrant summary dismissal."

    Keywords:

    conduct; disciplinary measure; fitness for international civil service; misconduct; serious misconduct; staff member's duties; summary dismissal; termination of employment;



  • Judgment 1831


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant was summarily dismissed from the organization for serious misconduct. "The complainant argues that the severity of the sanction imposed was disproportionate to the alleged misconduct. Given the evidence of deep-rooted fraud and corruption in the office for which he was responsible, the misconduct was serious and the sanction fully justified."

    Keywords:

    conduct; disciplinary measure; fitness for international civil service; misconduct; proportionality; serious misconduct; staff member's duties; summary dismissal; termination of employment;



  • Judgment 1828


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Even though the amount at stake was not large, an intent to defraud the organization is a most serious offence. The organization may expect the highest standards of integrity from its staff; it could not possibly just overlook the fraud; and there was nothing disproportionate about dismissing [the complainant] for the misconduct she had committed."

    Keywords:

    conduct; disciplinary measure; fitness for international civil service; misconduct; proportionality; serious misconduct; staff member's duties; summary dismissal; termination of employment;



  • Judgment 1796


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The statements by the representative [of the organization] and by the complainant are at odds and there is no irrefutable evidence before the Tribunal. The conclusion is that what was needed was a proper inquiry to see whether on the strength of reliable evidence the charges against him stood up.

    Keywords:

    appraisal of evidence; disciplinary measure; disciplinary procedure; due process; evidence; inquiry; investigation; judicial review; misconduct;

    Consideration 15

    Extract:

    The complainant was reassigned because of his alleged poor attendance and time-keeping. "The [Organization's] treatment of him looks like punishment for conduct it disapproved of and for low output. So there should first have been due disciplinary process affording him full safeguards."

    Keywords:

    conduct; disciplinary measure; disciplinary procedure; due process; misconduct; official; organisation's duties; output; punctuality; right to reply; safeguard; transfer; unsatisfactory service;



  • Judgment 1764


    85th Session, 1998
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[The complainant's] behaviour cannot be seen as anything but fraud to his employer's cost and warranting severe punishment. And his shifty attempts to cover up his misconduct and mislead the Agency in the enquiry made his offence a great deal worse."

    Keywords:

    conduct; disciplinary measure; disciplinary procedure; duty of loyalty; honesty; inquiry; investigation; misconduct; serious misconduct; staff member's duties;

    Consideration 14

    Extract:

    The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "He makes out that [...] there was no express ban on what he did. Even if that were so, employees of the [Organisation] have a duty [...] 'to regulate their conduct with the interests of the [Organisation] only in view', and may not so behave as to harm its good name. There is no need for any express rule against cheating. Common decency, good faith and honest dealing lie at the root of relations between employer and employee. Whoever ventures to ignore that does so at his own peril."

    Keywords:

    conduct; disciplinary measure; disciplinary procedure; duty of loyalty; fitness for international civil service; honesty; international civil service principles; misconduct; organisation's interest; organisation's reputation; staff member's duties; staff regulations and rules;



  • Judgment 1728


    84th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "While it is true that the records of selection committees must be made available to appellate bodies, yet, insofar as they relate to staff other than the appellants themselves, they are confidential, and there is no general requirement of disclosure to such appellants."

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.9.340.3

    Keywords:

    disciplinary procedure; misconduct; performance report; procedure before the tribunal; right to reply; staff reduction; staff regulations and rules; termination of employment; unsatisfactory service;



  • Judgment 1609


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    An international organisation is liable for the injury a staff member may cause in the performance of duty, and that includes injury to other members of staff. [...] An organisation will of course not be liable for private misconduct of an employee that has no link with the performance of duty. But misconduct in the context of employment is another matter. When someone whom the organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who suffers injury thereby is entitled to damages.

    Keywords:

    abuse of power; compensation; complainant; condition; conduct; injury; liability; misconduct; misuse of authority; moral injury; organisation; supervisor;

    Consideration 16

    Extract:

    An organisation will of course not be liable for private misconduct of an employee that has no link with the
    performance of duty. But misconduct in the context of employment is another matter. When someone whom the
    organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who
    suffers injury thereby is entitled to damages. Such is the complainants' case. Without having to go through all the
    evidence before it [...] the Tribunal holds that each of the complainants suffered treatment that was an affront to her personal and professional dignity. It was inadmissible for one of its officers, in this case a man, to make a habit of addressing women subordinates in language that was blatantly coarse and lascivious. What is more it offended against [an ILO circular], which seeks to ensure - to use its own words - a safe and healthful working environment free from sexual harassment and intimidation'. The whole drift of the evidence before the tribunal is that someone on whom the ILO had conferred much authority saw rough language and rough behaviour as not incompatible with his exercise of it. They were therefore part and parcel of the performance of his duties, and on that account the Organization is liable.

    Keywords:

    condition; conduct; injury; liability; misconduct; moral injury; organisation; respect for dignity; sexual harassment; supervisor;



  • Judgment 1599


    82nd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Striking someone in the face at work is an act that WHO was justified in treating as misconduct, which Staff Rule 110.8.1 defines as 'any improper action by a staff member in his official capacity'. The Organization rightly took the view that such violence at the workplace was not to be tolerated. [...] The sanction of a written reprimand was not disproportionate to the misconduct that consisted in striking another staff member."

    Reference(s)

    Organization rules reference: WHO STAFF RULE 110.8.1

    Keywords:

    censure; conduct; disciplinary measure; misconduct; proportionality; staff member's duties; working relations;



  • Judgment 1590


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant contends "that it was improper of the Organisation to accuse him of unsatisfactory work without bringing disciplinary proceedings which would have afforded him safeguards; he was denied his right of reply and suffered a hidden disciplinary sanction. The Organisation has never accused the complainant of any sort of conduct warranting disciplinary action but merely of poor performance. So the change in his duties did not amount to a hidden disciplinary sanction".

    Keywords:

    assignment; conduct; disciplinary procedure; hidden disciplinary measure; misconduct; right to reply; unsatisfactory service; work appraisal;



  • Judgment 1584


    82nd Session, 1997
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 11

    Extract:

    The complainant failed time and again to meet his financial obligations - in particular the payment of alimony to his family - disobeyed the judicial and administrative authorities of the host country and received several prison sentences. The permanent mission of the host country and his creditors approached the Organization many times. "In behaving as he did he obviously showed scant regard for his duties as an international civil servant and betrayed the Organization's trust. It was only reasonable that the WMO should consider that his conduct precluded keeping him on." There was no breach of the rule of proportionality.

    Keywords:

    conduct; disciplinary measure; fitness for international civil service; misconduct; organisation's interest; organisation's reputation; outside activity; proportionality; staff member's duties; termination of employment;



  • Judgment 1447


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "As for the charge of misconduct warranting dismissal under Article 93(2)(f), the Tribunal accepts the Disciplinary Committee's ruling that the complainant had no intention of causing damage in the incident [...]. It is therefore satisfied that the sanction of dismissal was grossly disproportionate to his misbehaviour on that day."

    Reference(s)

    Organization rules reference: ARTICLE 93(2)(F) EPO SERVICE REGULATIONS

    Keywords:

    conduct; disciplinary measure; misconduct; proportionality; staff regulations and rules; termination of employment;



  • Judgment 1441


    79th Session, 1995
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The complainant held a fixed-term appointment. His proven shortcomings and misconduct were undoubtedly such that the organization might have refused without further ado to extend his appointment. As the Tribunal has always acknowledged, an organisation has discretion in the matter and, as many rulings bear out, it may refuse renewal on grounds of unsatisfactory performance or misconduct: for a recent example see Judgment 1405."

    Reference(s)

    ILOAT Judgment(s): 1405

    Keywords:

    case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;

    Consideration 20

    Extract:

    The decision to dismiss [the complainant] for serious misconduct was "fully warranted by the facts that came to light at the various stages of the disciplinary proceedings. Even though doubts lingered as to whether the complainant [had embezzled funds] the way he kept the books was still inadmissible and can only have been intended to cover up actual fraud. In view of the complainant's [...] poor performance [his behaviour] showed a lack of conscientiousness and failure to come up to the ethical standards of public service. Moreover [...] his behaviour severely damaged the image of the organization, which he was not just working for but representing."

    Keywords:

    conduct; misconduct; organisation's reputation; serious misconduct; termination of employment; unsatisfactory service;



  • Judgment 1405


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Disciplinary proceedings, and the safeguards they afford, are relevant in the event of misconduct warranting disciplinary action while an official is under contract, and one possible sanction is termination of the appointment, whatever its duration may be. Disciplinary proceedings do not apply in the event of due expiry of a fixed-term appointment, when the issue is whether in the light ofpast performance the contract should be renewed. An organisation must be allowed full freedom to decide the issue without having to go through the disciplinary procedure."

    Keywords:

    consequence; contract; disciplinary measure; disciplinary procedure; discretion; fixed-term; misconduct; non-renewal of contract; organisation's interest; safeguard;

    Consideration 4

    Extract:

    "Precedent acknowledges an organisation's wide discretion in renewing a fixed-term appointment and its right to refuse renewal for reasons that include misconduct and unsatisfactory performance".

    Keywords:

    case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9 | next >


 
Last updated: 20.05.2024 ^ top