Judgment 888
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.
Keywords:
amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 849
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It appears from the evidence as a whole that the Director General's decision was not based on any inability of the complainant to carry out his duties, nor on the unsatisfactory performance by him of those duties, nor on any considerations relating to the necessities of the service or the interests of the organization. It is clear that the Director General's conclusion [...] that the complainant was guilty of serious misconduct constituted the sole and underlying reason for exercising his discretion as he did. The Tribunal has quashed that decision in Judgment 848 and holds that the impugned decision in the present proceedings, based solely on a conclusion which is wrong in law, constitutes an abuse of authority and cannot be allowed to stand."
Reference(s)
ILOAT Judgment(s): 848
Keywords:
abuse of power; contract; fixed-term; grounds; misrepresentation; misuse of authority; nationality; non-renewal of contract; serious misconduct;
Judgment 848
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."
Keywords:
disciplinary measure; disregard of essential fact; evidence; flaw; misrepresentation; nationality; serious misconduct; warning;
Judgment 640
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1 and 4
Extract:
"The complainant was dismissed on the grounds of attempted theft of four wooden chairs from the organization. [...] In sum, the arguments in favour and against cancel each other out. The charge of attempted theft cannot therefore be taken as proven and the impugned decision is unlawful. The Tribunal will not order the reinstatement of the complainant, who has left the FAO. Instead it will award him compensation".
Keywords:
lack of evidence; material damages; moral injury; serious misconduct; termination of employment;
Judgment 635
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant denies that she was ever in gross breach of the duty of discretion. She claims never to have been in touch with journalists neither herself nor through anyone else. "She can go no further than that since it is impossible to adduce evidence to rebut the charge. Her statement that she did not commit the misconduct she is charged with shifts the burden of proof to the organization. The Tribunal will not require absolute proof, which is almost impossible to provide on such a matter." A set of precise and concurring presumptions would be sufficient.
Keywords:
burden of proof; duty of discretion; evidence; misconduct; organisation; presumption of innocence; serious misconduct; standard of proof;
Consideration 11
Extract:
The organization accuses the complainant of gross breach of her duty of discretion. The Tribunal finds that the decision to dismiss her was based on facts which were not sufficiently established. "Dismissal is too drastic a measure for the staff member not to have the benefit of the doubt. The decision being quashed, the complainant is entitled to straightforward reinstatement since the Tribunal sees no reason to award her damages in lieu. Since she seeks damages only if not reinstated the Tribunal need not rule on this claim."
Keywords:
benefit of doubt; disciplinary measure; misconduct; proportionality; reinstatement; serious misconduct; termination of employment;
Consideration 9
Extract:
The organization accuses the complainant of gross breach of her duty of discretion. It contends that she was directly responsible for leaking information to the press which resulted in newspaper articles. "The three articles take the complainant's side and put the organization in a bad light. But [...] this is not enough to create precise and concurring presumptions which might afford justification for the [dismissal] decision."
Keywords:
duty of discretion; misconduct; organisation's reputation; presumption of innocence; serious misconduct; termination of employment;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Only where the staff member's behaviour makes the situation intolerable may the administration contemplate giving him no work at all, and the decision will still be subject to judicial review. The same is true where a staff member commits gross misconduct, but for that provision is made in the staff regulations in the form of suspension with pay pending administrative investigation."
Keywords:
conduct; inquiry; investigation; judicial review; refusal to assign work; serious misconduct; staff regulations and rules; suspension;
Judgment 540
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Staff Rules impose a duty on the organization to provide a staff member with clear and precise information on all charges of which he is accused. In particular the complainant should have been informed of the period during which the WHO alleges he submitted medical and education grant claims supported by forged or false documents. "It is not difficult to conceive of cases in which such an omission would constitute an irreparable flaw in the procedure laid down". In the particular circumstances of this case, the Tribunal did not find that there had been a breach of the Rules.
Keywords:
duty to substantiate decision; education expenses; medical expenses; misrepresentation; refund; request by a party; serious misconduct; termination of employment;
Considerations
Extract:
"Even assuming that [the rule which imposes on the Organization a duty to provide clear and precise information on the charges] was not fully complied with, the evidence which emerged before the Regional Board was so overwhelming that it cannot be said that there has been any miscarriage of justice."
Keywords:
duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;
Judgment 539
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 540, consideration on the procedural point.
Reference(s)
ILOAT Judgment(s): 540
Keywords:
duty to substantiate decision; serious misconduct; termination of employment;
Considerations
Extract:
Vide Judgment 540, consideration on the procedural point, paragraph 4.
Reference(s)
ILOAT Judgment(s): 540
Keywords:
duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The facts which led to the complainant's dismissal [embezzlement] may be correctly treated as misconduct. Although not committed in his official capacity, his act came within the ambit of [the staff rule on dismissal for misconduct,] which is to be construed in the light of [...] 'standards of efficiency, competence and integrity' expected of a staff member."
Keywords:
fitness for international civil service; serious misconduct; termination of employment;
Considerations
Extract:
To satisfy the rule on dismissal for misconduct, "it is not necessary for the organization to prove that the conduct of the staff member has actually brought the organization into public discredit. The section in which the rule appears is headed 'standards of conduct for staff members' and is concerned with the standards with which the staff member must comply irrespective of whether his non-compliance with them is or is not publicly known."
Keywords:
conduct; enforcement; organisation's reputation; provision; serious misconduct; termination of employment;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(D)
Extract:
"It is not a simple case of non-renewal. The complainant was the victim of a misconceived charge of misconduct of which the Director pronounced him to be guilty. The letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...]. The illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] By these acts the complainant must have been caused deep distress. On the natural assumption that this course of action was pursued by a Director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".
Keywords:
contract; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury; respect for dignity; serious misconduct;
Consideration 12
Extract:
"The charge of misconduct is so preposterous and the Director's eagerness, before hearing the defence to the charge, to use it as a ground for dismissal is so manifest that resentment is the only explanation. Accordingly the Tribunal cannot view the letter [of dismissal] as that of a man who would be able to take a detached view of the conduct of the complainant whether in relation to a disciplinary charge or to an assessment of his future usefulness to the organization." The decision is defective as vitiated by prejudice.
Keywords:
bias; conduct; contract; fixed-term; non-renewal of contract; serious misconduct;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Director-General was entitled, by virtue of the texts [...] to terminate the appointment of the complainant, whose refusal on strictly personal grounds to take up posts to which he was assigned by the competent authority constituted a grave breach of duty."
Keywords:
refusal; serious misconduct; staff member's duties; termination of employment; transfer;
Judgment 266
36th Session, 1976
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It appears from the facts of the case that [...] the complainant's attitude had not been such as is expected of an international official and that in particular he committed serious acts of misconduct which cast doubt on his integrity. The behaviour of which the complainant was accused - and the falsity of those accusations is not established - is such as to afford lawful grounds for the impugned decision. It was open to the Director-General to take disciplinary action against the complainant on the grounds of that behaviour and he was therefore entitled, as he in fact did, merely to refuse to renew his contract."
Keywords:
conduct; contract; disciplinary procedure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; subsidiary;
Judgment 237
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The serious misconduct with which the complainant was charged consisted of 1) taking an official car and using it for his own purposes and returning it in a damaged condition; 2) reporting for duty the next day in an intoxicated condition. On the first charge, the Tribunal "concludes that in the circumstances the complainant's misconduct justified his dismissal under the regulations." The second charge was not serious enough to warrant dismissal, but since the first was sufficient, "this conclusion is immaterial."
Keywords:
conduct; disciplinary measure; judicial review; proportionality; serious misconduct; termination of employment;
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 210
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the four crucial representations were false; the complainant bore responsibility for the four misrepresentations and they could have had serious consequences for relations between the organization and the government, all of which constitutes misconduct. But the complainant's motives were not corrupt and his previous record was satisfactory. Account should have been taken of attenuating circumstances. Summary dismissal was out of all proportion to the degree of misbehaviour.
Keywords:
contract; duty of discretion; fixed-term; misrepresentation; mitigating circumstances; proportionality; serious misconduct; summary dismissal; termination of employment;
Consideration 4
Extract:
The Staff Rules provide for a range of penalties and "the principle of proportionality will ensure that extreme penalties, such as summary dismissal, are applied only to the gravest cases."
Keywords:
disciplinary measure; proportionality; safeguard; serious misconduct; termination of employment;
Consideration 5
Extract:
The question is whether the sanction imposed "gives adequate weight, not only to the nature of the misconduct taken by itself, but [also] to the extent to which in the circumstances of this case the complainant should be held to blame. In this connection there are mitigating factors which [...] the Director-General [does] not appear to have taken into account.
Keywords:
disciplinary measure; mitigating circumstances; proportionality; serious misconduct; termination of employment;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he seriousness of the complainant's misconduct cannot be evaluated without taking into account the extenuating circumstances. [T]he complainant did not appear to be unfit for employment [in the organisation], and therefore in discharging him the Director did not observe the principle of proportionality."
Keywords:
mitigating circumstances; proportionality; serious misconduct; termination of employment;
Consideration 3
Extract:
The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."
Keywords:
amount; contract; criteria; decision quashed; material damages; permanent appointment; proportionality; serious misconduct; termination of employment;
Consideration 3
Extract:
"[T]he decision impugned [summary dismissal] is tainted by a procedural irregularity and by error of law, both of these being grounds requiring it to be quashed."
Keywords:
flaw; mistake of law; procedural flaw; serious misconduct; termination of employment;
Judgment 170
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Since they constitute serious misconduct within the meaning of [the applicable provision], the misappropriations attributed to the complainant justify his dismissal in accordance with that provision."
Keywords:
conduct; serious misconduct; termination of employment;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Regional Director "was [...] entitled to suspend the complainant and to with hold payment of his salary for the duration of his suspension. The charge that he had engaged in traffic in foreign currency for reward constitutes serious misconduct, since any act by which an official takes advantage of his official status for personal profit falls within the definition contained in [the applicable provision]. [...] The misconduct of which the complainant was accused was such as to deprive him of the confidence of his chiefs, so that his continuance in office was liable to be prejudicial to the organization."
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
Consideration 2
Extract:
Vide Judgment 162, consideration 2.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
Consideration 3
Extract:
Vide Judgment 162, consideration 2.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
Consideration 2
Extract:
Vide Judgment 162, consideration 1.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 162, consideration 1.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
Consideration 2
Extract:
Vide Judgment 162, consideration 2.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
