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
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Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant was urged by the organisation not to use official stationery for communications of a non-recognised staff association. The Tribunal does not believe that the use of inter-office memoranda could be interpreted as giving an official character to the correspondence. "The Tribunal does not consider that the position is so clear or the offence, if there was one, so heinous as to call for a warning of severe disciplinary measures."
Keywords:
disciplinary measure; misconduct; proportionality; staff representative; warning;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The fact that the original decision became final when it was not challenged within the prescribed time limit does not prevent the Tribunal from examining whether the decision not to extend the appointment "is not really a further disciplinary sanction based on the same facts, and on that account a mistake of law."
Keywords:
decision; disciplinary measure; double jeopardy; misconduct;
Judgment 353
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
According to the general principles of the international civil service, "a supervisor may suspend from duty, forthwith and without formality, a staff member who is manifestly guilty of misconduct serious enough to make it clear that it is incompatible with the organisation's interests to keep him on the staff. Suspension is a provisional measure and reserves the staff member's rights; it should be followed by an inquiry which affords him full safeguards and as a rule requires notably action by the head of the organisation."
Keywords:
competence; disciplinary procedure; international civil service principles; misconduct; organisation's interest; safeguard; supervisor; suspension;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
The complainant was summarily dismissed for disrespectful conduct. His dismissal was out of proportion with the offence. "The Tribunal will not order the reinstatement of the complainant. This could create a difficult situation [...] for which the complainant's abrasive conduct would be partly to blame." Compensation must be substantial: he had indefinite employment in an excellent post and suffered serious economic losses from the loss of employment. "The Tribunal must however take account of the fact that while the complainant's employment with the organisation might have lasted for the rest of his working life, [he was thirty years of age at the time.] There is a risk that a man of his temperament might sooner or later have given just cause for dismissal."
Keywords:
amount; conduct; contract; insubordination; material damages; misconduct; permanent appointment; proportionality; termination of employment;
Consideration 24
Extract:
The complainant's attitude and expressions were interpreted as showing a degree of disrespect to his direct superior, who had not however made any rebuke on earlier occasions and who found himself as negotiator in confrontation with the complainant in meetings on working conditions. "[T]he Tribunal concludes that any offence that was given did not deserve more than a reprimand." The selection of the appropriate penalty is a discretionary one, but this discretion must be exercised subject to the principle of proportionality. "[T]he penalty of summary dismissal was out of proportion to any offence committed."
Keywords:
conduct; disciplinary measure; discretion; insubordination; misconduct; proportionality; summary dismissal; termination of employment;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Use of a computer by an unqualified or unscrupulous person may lead to errors or breaches of confidence. That is why it is important to define exactly the duties of the staff of a body such as the International Computing Centre and require every single employee to show strict respect for the limits of his duties. The complainant was employed as an operator and in exceeding his functions as such failed in a basic duty. In other words, whatever the actual consequences of his conduct may have been, it warranted the decision not to renew his appointment."
Keywords:
contract; fixed-term; grounds; misconduct; non-renewal of contract; staff member's duties;
Consideration 7
Extract:
"It is [...] immaterial whether the complainant caused his employer any material prejudice. What matters is that he committed a breach of duty which warranted the decision not to renew his appointment."
Keywords:
condition; consequence; contract; misconduct; non-renewal of contract; staff member's duties;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"When [the complainant] is present at a meeting of the [organization's] council or of its committees [she] must behave with the same propriety as any other staff member. If there was here an act of misconduct, the fact that it was committed by a staff representative for a serious purpose mitigates the offence but does not extinguish it."
Keywords:
conduct; consequence; freedom of association; misconduct; staff member's duties; staff representative; staff union;
Judgment 248
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A staff member cannot properly be dismissed for disciplinary reasons unless he has committed misconduct in the performance of his duties or in the course of such performance or in some manner directly connected therewith."
Keywords:
condition; disciplinary measure; misconduct; termination of employment;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15, 16 and 21
Extract:
Having been accused of insubordination, the complainant questioned the existence of a duty of subordination. "Accordingly, the offence, if any, of the complainant was an offence against discipline and the Director-General erred in dealing with it as a matter of unsatisfactory service." The Director-General "erred in law in treating the complainant's attitude towards [another official] as unsatisfactory service."
Keywords:
complainant; conduct; disciplinary measure; insubordination; misconduct; unsatisfactory service;
Judgment 237
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"To come on duty smelling of alcohol is reprehensible but does not amount to misconduct serious enough to justify dismissal."
Keywords:
conduct; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."
Keywords:
abuse of power; age limit; contract; disciplinary procedure; fixed-term; inquiry; investigation; lack of evidence; misconduct; misuse of authority; non-renewal of contract; retirement;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It was within the sole discretion of the Director-General to decide upon the appropriate penalty, and the Administrative Tribunal cannot substitute its judgment for that of the head of the organization unless it finds that the penalty imposed is clearly out of proportion with the gravity of the offence". The complainant was suspended after reporting for work in a drunken state on several occasions and later dismissed.
Keywords:
disciplinary measure; discretion; judicial review; misconduct; proportionality; termination of employment;
Considerations
Extract:
"[T]he complainant is not legally obliged, particularly in a disciplinary case, to disprove the charges against him, since it is materially impossible for him to do so, and it is for the Tribunal to judge, in the light of the evidence submitted by the two parties", whether the charges are borne out.
Keywords:
appraisal of evidence; burden of proof; disciplinary measure; disciplinary procedure; disclosure of evidence; evidence; misconduct; tribunal;
Considerations (in fine)
Extract:
"It is true that officials enjoy the protection, among other things, of the rule of equality as between officials within the same category, but this rule does not apply to officials against whom disciplinary action has been or may be taken for different reasons and in different circumstances."
Keywords:
difference; disciplinary measure; equal treatment; grounds; misconduct;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"According to the experts, the complainant is consciously simulating his disability, at least for the most part. such simulation constitutes fault within the meaning of [the applicable provision] since conscious simulation constitutes fraud, the highest degree of fault. It is immaterial whether or not the complainant's conscious behaviour has become unconscious; even if the simulation is at present to some extent involuntary it results from a voluntary form of deception, i.e. fault."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
complainant; invalidity; misconduct;
Consideration 3
Extract:
In cases where the affected persons are at fault, their disability pension may be reduced under the applicable provision. "[T]he Tribunal cannot reduce the benefits granted to the complainant in accordance with the impugned decision [...] without there being any need to examine whether the fault attributable to the complainant would in itself have warranted the cancellation of the pension awarded, it is sufficient to find that in any case, in view of the experts' report, the reduction made under the impugned decision is in no way excessive."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
complainant; consequence; disability benefit; invalidity; judicial review; liability; misconduct; reduction of salary;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The investigation [...] aimed at identifying the persons responsible for breaking the rules of the organization [...] was necessarily followed by the sanctions provided for in those rules. The investigation was therefore entrusted to the agents of the organization itself rather than to the authorities of the State in which the complainant was employed. The rules of the organization itself alone were applicable, and not any national legislation." [The case involves participation in the traffic of foreign currency.]
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; misconduct; staff regulations and rules;
Consideration 3
Extract:
"The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."
Keywords:
adversarial proceedings; due process; evidence; misconduct; purpose; right to reply; safeguard; termination of employment;
Judgment 150
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In cases where the Director-General suspects an official of having committed acts of undiscipline in the performance of or in connection with his duties, he has to take action in the most adroit fashion to safeguard, if possible, the reputation of both the organization and of the official. For that reason, before initiating the disciplinary procedure, the Director-General is always free [...] to summon the official and ask him for explanations."
Keywords:
complainant; disciplinary procedure; executive head; inquiry; investigation; misconduct; organisation's duties; organisation's reputation; respect for dignity;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was suspended from his duties on the ground that he allegedly misused office facilities to spread unfounded allegations. "This suspension does not fall within any of the cases [covered by the Staff Regulations] and, in the particular circumstances of the case, is in fact a disciplinary measure. The organization has therefore committed a breach of contract by suspending [the] complainant otherwise than in accordance with the Staff Regulations".
Keywords:
breach; disciplinary measure; disciplinary procedure; duty of discretion; hidden disciplinary measure; misconduct; provision; staff regulations and rules; suspension;
Consideration 2
Extract:
The complainant made accusations which led to an inquiry. When the decision not to renew his contract was taken, the results of the inquiry were not yet known. The accuser was judged before the accusations themselves. The decision is tainted by error and must be rescinded; "the organization must either renew the contract on equitable terms or pay to the complainant such compensation as is equitable".
Keywords:
complainant; contract; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; organisation's duties;
Judgment 89
15th Session, 1965
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The charges against the complainant warranted the Director-General's decision to initiate disciplinary proceedings. In offering him the choice between resignation and appearing before the Joint Committee, the Director-General acted freely and out of good-will. "It was open to the complainant, if he so desired, to defend himself against the charges preferred against him. The choice that lay before him was therefore entirely free."
Keywords:
disciplinary measure; disciplinary procedure; executive head; lack of consent; misconduct; proposal; resignation; right to reply; subsidiary;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.
Keywords:
contract; duty of discretion; material damages; misconduct; moral injury; permanent appointment; proportionality; serious misconduct; staff representative; staff union activity; summary dismissal; termination of employment;
Consideration 3
Extract:
"If the administrative authorities of [the organization] consider that an official has behaved improperly, they are normally required to follow the disciplinary procedure laid down by [the applicable text], which provides specific safeguards for the official concerned. Consequently, by reason of its severity and of the fact that no formalities are prescribed for its application summary dismissal must necessarily be an exceptional measure which can be allowed only under an express provision and in accordance with the terms of such provision."
Keywords:
disciplinary procedure; enforcement; exception; misconduct; provision; safeguard; serious misconduct; staff regulations and rules; termination of employment;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Conderation on the substance (D)
Extract:
"It is undoubtedly true that if the Director-General has been informed that a member of his staff has acted in a manner prohibited by [...] the Staff Regulations, the Director-General has a duty to check the accuracy of such information either himself or through persons appointed by him from within his organisation, in order that he may take decisions or even sanctions, if necessary, in the full knowledge of the facts."
Keywords:
disciplinary measure; inquiry; investigation; misconduct; organisation's duties;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (D)
Extract:
Vide Judgment 16, consideration on the substance, (d).
Reference(s)
ILOAT Judgment(s): 16
Keywords:
complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (D)
Extract:
Vide Judgment 16, consideration on the substance, (d).
Reference(s)
ILOAT Judgment(s): 16
Keywords:
complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;
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