Judgment 1977
89th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 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 1878
87th Session, 1999
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
The complainant called her supervisor a fascist while giving the nazi salute. She was dismissed summarily. "In the Tribunal's view, while the complainant's conduct was not such as to be expected from an international civil servant, nevertheless it was not so serious as to warrant summary dismissal. Her words were intemperate, spoken in the heat of the moment to a superior. That is unacceptable. There was an insulting gesture used twice which was particularly hurtful to [her supervisor], a German. Again, that is unacceptable. But on the other hand an apology was offered the same evening and again the next morning and a written acceptance was generously given by [the supervisor]. In the opinion of the Tribunal qualifying the incident as serious misconduct justifying summary dismissal would be a clearly mistaken conclusion to draw from the facts. Therefore, the disciplinary measure imposed was so disproportionate as to amount to a mistake of law."
Keywords:
conduct; disciplinary measure; fitness for international civil service; mistaken conclusion; proportionality; serious misconduct; staff member's duties; summary dismissal; supervisor; termination of employment; working relations;
Consideration 15
Extract:
The complainant [...] submits that lack of proportionality is an error of law: see Judgments 203 [...], 1070 [...] and 1271 [...]. According to the Tribunal's jurisprudence, a sanction out of porportion to the subjective and objective nature of the offence is a mistake of law and since the decision is flawed it must be quashed. The complainant refers to cases where the material or moral interests of an international organisation were jeopardised and the Tribunal confirmed decisions of summary dismissal for serious misconduct: see Judgments 63 [...], 159 [...] and 969 [...]. Insulting a colleague in the privacy of his office and then offering apologies that evening and the next morning, which were accepted in writing, does not constitute serious misconduct. Her actions did not jeopardise the material or moral interests of the Organization.
Reference(s)
ILOAT Judgment(s): 63, 159, 203, 969, 1070, 1271
Keywords:
disciplinary measure; mistake of law; proportionality; serious misconduct;
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 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;
Judgment 1661
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
"Time and again the complainant broke customs regulations to the detriment of the host State under cover of privileges that the Organization is granted in order to carry out its mandate. His conduct was such as to undermine the trust it must enjoy and to compromise the attainment of its objectives. That there was misconduct is indeed beyond gainsaying, especially in someone of his position who went on breaking the rules even after a warning in 1975."
Keywords:
organisation; organisation's interest; privileges and immunities; serious misconduct; warning;
Consideration 6(b)
Extract:
"The complainant managed WHO assets. He was in charge of the resale of superannuated vehicles of the programme under written rules intended not just to protect those assets but also to put trust in the Organization through fair and open management. The complainant broke the rules on resale. [...] That was not only in breach of the material provisions but cast discredit on the programme and gave an impression of arbitrariness, favouritism and graft, even supposing that, as he says, he made no money himself out of it. Viewed objectively, such behaviour became intolerable for the Organization and amounted to misconduct." Dismissal was not disproportionate to his offenses.
Keywords:
organisation's interest; organisation's reputation; serious misconduct; termination of employment;
Judgment 1639
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Director-General took the view that since the complainant admitted misconduct there was no need to give her any opportunity of defending herself. "The defendant's argument is mistaken. Before it notified to her the decision of summary dismissal it had brought no charges against her, and she therefore had no case to answer. And once it had made the decision to dismiss her without giving her a prior hearing, it had already acted in breach of due process. [...] An international organisation must inform the staff member of any charges it is levelling against him and give him the opportunity of answering before it takes any disciplinary action: audi alteram partem is a requirement it must observe in all circumstances. [...] Even though she had admitted to the incident, she did not on that account forfeit her right to be heard, be it to make a plea in mitigation or to give her own version of the facts or to raise any other issue she wished in her own defence."
Keywords:
adversarial proceedings; complainant; disciplinary measure; duty to inform; mitigating circumstances; organisation's duties; right; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 1441
79th Session, 1995
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 1381
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18 and 20
Extract:
During a staff meeting the complainant spoke out on issues of a personal nature. Although he then heeded an order not to raise personal matters at staff meetings, "his subsequent remarks show some defiance, even if they were not intended to threaten; by circulating the text of his statement to the staff he thwarted that ruling; and the language he used in it, and his refusal to withdraw it,only made matters worse. He was thereby guilty of misconduct likely to undermine the authority of his supervisors and to disrupt the functioning of the organization by embroiling other officials in personal disputes. [...] The organization was justified in deciding not to renew the complainant's appointment."
Keywords:
conduct; contract; fixed-term; insubordination; non-renewal of contract; organisation's interest; serious misconduct; staff member's duties;
Considerations 19-20
Extract:
"As to his suitability for the international civil service, the flow of documents between him and his supervisors on matters which could easily have been dealt with by discussion and dialogue shows a deterioration in his relationswith others at work, and for that he was at least partly to blame. The many notes for the record also indicate some lack of mutual respect and trust. He got a written reprimand [...] for ignoring normal channels of communication and for threatening to ask [his government] to make an official request to the organization, but even that did not deter him. His conduct fell below the standards expected of an international civil servant. The organization was justified in deciding not to renew the complainant's appointment."
Keywords:
censure; conduct; contract; disciplinary measure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; working relations;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
The complainant alleges that the charges against him of misconduct and his subsequent dismissal were mistaken. On the evidence "the Tribunal is satisfied that the complainant was in breach of his professional obligations throughout the period of his service at the EPO in that without leave he had set up and was running a consultancy firm under cover of his main professional activity. Such professional misconduct was compounded by the coincidence between the area of the firm's business and the EPO's own area of competence and by his offering or actually providing services to his customers that were connected with his official duties at the EPO."
Keywords:
conduct; continuing breach; disciplinary measure; misconduct; organisation's interest; outside activity; serious misconduct; staff member's duties; termination of employment;
Judgment 1271
75th Session, 1993
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
See Judgment 1070, consideration 9.
Reference(s)
ILOAT Judgment(s): 1070
Keywords:
case law; disciplinary measure; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 1251
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He says there was no fair and proper investigation of the charges against him. The Tribunal observes that the investigators failed to reach the complainant and "the organization made no effort to give him an opportunity of controverting or explaining the several matters which resulted in his dismissal. [...] Up to the time that the Joint Disciplinary Committee was appointed [...] he had no opportunity of explaining his position."
Keywords:
decision; disciplinary measure; disciplinary procedure; due process; inquiry; investigation; right to reply; serious misconduct; summary dismissal; termination of employment;
Consideration 9
Extract:
The complainant was accused of misappropriating funds and summarily dismissed for misconduct. The Tribunal holds that though the Appeals Board "recorded in its report the organization's submissions on the facts, it did not come to any conclusion on them and indeed said it was 'extremely difficult to impute the misfeasances committed to the complainant'. The Director-General's decision is thus flawed with the wrong assumption that the Board had made findings adverse to the complainant."
Keywords:
decision; disciplinary measure; flaw; internal appeals body; judicial review; mistake of fact; mistaken conclusion; serious misconduct; summary dismissal; termination of employment;
Consideration 10
Extract:
The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He claims payment of repatriation costs, to which he would not be entitled upon summary dismissal under Rule 109.9 (f). However, the Director-General agreed to deduct them from the sums which he allegedly owed the organization. The Tribunal holds that "since the dismissal was wrongful and the organization has failed to prove that the complainant owes it that sum, the claim succeeds."
Reference(s)
Organization rules reference: STAFF RULE 109.9 (F)
Keywords:
decision; disciplinary measure; discretion; executive head; repatriation allowance; right; serious misconduct; summary dismissal; termination of employment;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant was dismissed for misconduct after refusing a transfer outside headquarters. He pleads that the FAO overlooked an essential fact by deciding to transfer him without taking account of his family situation. But he was allowed twelve months "to sort out the matter of his wife's career or obtain a suitable post at headquarters. He argues that he had more than 'ordinary family needs'. But there is nothing out of the ordinary about a situation where spouses each have a job at one and the same duty station, and neither wishes to give it up. [...] Such circumstances do not confer immunity against transfer on an international official. [...] The postponement of transfer by fourteen months is evidence of adequate consideration of his 'family situation and intersts'."
Keywords:
decision; disregard of essential fact; duty station; headquarters; judicial review; official; refusal; serious misconduct; staff member's interest; termination of employment; transfer;
Consideration 20
Extract:
The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."
Reference(s)
Organization rules reference: STAFF REGULATION 301.012
Keywords:
breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; transfer;
Considerations 22-23
Extract:
The complainant was dismissed for misconduct after refusing transfer to a post outside headquarters. He alleges that summary dismissal was at odds with the principle of proportionality. The Tribunal holds that "dismissal was not a sudden decision. Furthermore, even after the proposal for dismissal he was given two opportunities to change his mind. [...] The decision to dismiss was a proper exercise of the discretion of the organization and did not infringe the principle of proportionality."
Keywords:
decision; disciplinary measure; discretion; duty station; general principle; headquarters; organisation; proportionality; refusal; serious misconduct; termination of employment; transfer;
Judgment 1247
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's termination has not been justified on the grounds of serious misconduct. "Reinstatement is no longer possible. The Tribunal therefore awards him, in accordance with Article VIII of its Statute, compensation in a sum of 600 dollars, the full amount of remuneration due for the rest of his contract."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
compensation; contract; grounds; iloat statute; reinstatement; salary; serious misconduct; termination of employment; tribunal;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant seeks the quashing of her summary dismissal for serious misconduct. Under the circumstances UNESCO Staff Regulation 10.2 lays no duty on the Director-General to put the matter to the Joint Disciplinary Committee. But that does not mean that the staff must "forfeit all the safeguards of the international civil service when they are to incur disciplinary sanctions. One such safeguard is their right to plead their case. The authority competent to impose the sanction has a duty to warn the staff member in clear terms of the intention of doing so and invite an answer whatever charges may lie."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 10.2
Keywords:
decision; duty to inform; international civil service principles; organisation's duties; right to reply; serious misconduct; summary dismissal;
Judgment 1133
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was charged with serious misconduct. An inquiry was held to which the complainant was not invited to give evidence. The Tribunal holds that "the failure of the WHO to afford the complainant an opportunity to be present at the Personnel Department's taking of statements and to put questions to the witnesses amounts to breach of due process. The Tribunal stated the material principle in Judgment 999 : whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal." [See Judgment 2601, under 7.]
Reference(s)
ILOAT Judgment(s): 999, 2601
Keywords:
due process; evidence; misconduct; right to reply; serious misconduct; termination of employment;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant was dismissed under ITU Staff Rule 10.1.1a) for having claimed and accepting reimbursement for treatment whose costs had already been met by other schemes. He alleges denial of his right to a hearing and his right to see the case records. "The Tribunal is satisfied that he had ample opportunity to find out exactly what the serious charges against him were and to state his case at each point in the proceedings."
Reference(s)
Organization rules reference: ITU STAFF RULE 10.1.1A)
Keywords:
conduct; disclosure of evidence; right to reply; serious misconduct; termination of employment;
Consideration 7, Summary
Extract:
The complainant submitted a claim for medical expenses incurred by his former wife which another insurance scheme had already met. He submits that he bore no responsibility for the error and acted in good faith. The Tribunal holds that as he knew that his former wife was covered under another health scheme he should have made sure that it had not previously refunded her expenses. The complainant's "conduct argues, to say the least, a degree of laxity quite inadmissible in an international civil servant in that he wilfully ran a substantial and unreasonable risk, the foreseeable outcome being the defrauding of the fund. He has only himself to blame for the consequences of his own oversight."
Keywords:
complainant; fitness for international civil service; good faith; health insurance; insurance; medical expenses; misrepresentation; negligence; request by a party; serious misconduct; staff member's duties;
Consideration 9
Extract:
"A sanction out of proportion to the subjective and objective nature of the offence must be quashed because it is flawed with a mistake of law." As the complainant was guilty of defrauding the ILO/ITU Health Fund, his dismissal was not a sanction out of proportion to the offence.
Keywords:
disciplinary measure; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 969
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The language (in the documents typed by the complainant) was obviously calculated to intimidate by threats to the life of senior officers of the organization. Participation in preparing such documents amounted to inadmissible conduct which fell within the prohibition of the Rules and merited summary dismissal."
Keywords:
conduct; disciplinary measure; serious misconduct; summary dismissal; termination of employment;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12, Summary
Extract:
The complainant was dismissed for misconduct. The organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. The Tribunal held that the complainant was in breach of the letter and spirit of the rules: "Though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."
Keywords:
direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination of employment;
Consideration 14
Extract:
The complainant submits that none of "the charges supporting his dismissal for misconduct [...] amounts in itself to misconduct. Indeed some of them do not, but what is serious is that there are several."
Keywords:
conduct; disciplinary measure; misconduct; serious misconduct; termination of employment;
