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Hidden disciplinary measure (510,-666)
You searched for:
Keywords: Hidden disciplinary measure
Total judgments found: 31
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Judgment 1407
78th Session, 1995
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant says that her transfer amounted to a hidden disciplinary measure to get back at her because she asserted her right of appeal. "The Tribunal is satisfied that there was no question of disciplinary action": she herself applied for the transfer and it cost her no loss of pay or grade or responsibility. "Nor does she allege any loss of dignity in the duties she had to perform."
Keywords:
amendment to the rules; disciplinary measure; grade; hidden disciplinary measure; moral injury; right of appeal; salary; transfer;
Judgment 1405
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Since disciplinary proceedings are irrelevant to non-renewal of a fixed term appointment, the complainant may not properly allege hidden disciplinary action."
Keywords:
contract; disciplinary measure; disciplinary procedure; fixed-term; hidden disciplinary measure; non-renewal of contract;
Judgment 1262
75th Session, 1993
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The complainant objects to a decision not to extend his appointment. "The complainant was involved in the layout and design of the staff magazine, which, he says, was at times critical of the ESO. [...] The charge of victimisation, which is easy enough to make, has to be supported by serious evidence. The complainant has failed to discharge the burden that lies on him to prove the charge against the Observatory. For one thing, he was not even an official of the Staff Association. For another, his allegation that he was victimised merely because he helped with the publication of the magazine is unsupported by a shred of evidence."
Keywords:
burden of proof; contract; decision; evidence; fixed-term; freedom of speech; harassment; hidden disciplinary measure; non-renewal of contract; staff representative;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".
Keywords:
assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;
Considerations 17 and 20
Extract:
The complainant "was made to take special leave at full pay. The material provision is [Unesco Staff] Rule 105.2(b): 'in exceptional circumstances staff members may be required to take special leave with pay, this measure being without prejudice to the rights of the staff member'. [...] The organization is not saying that no suitable post was vacant at the time the impugned decision was taken [...] nor does it maintain that it made the efforts it could have made to find a solution. All it does say is that the complainant never applied at the time for a single post. [...] On the broader issue, if the organization's intent was that the decision should be some sort of disciplinary sanction, then it would have perverted Rule 105.2(b)".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.2(B)
Keywords:
assignment; disciplinary measure; exception; hidden disciplinary measure; organisation's duties; special leave; staff member's duties; staff regulations and rules;
Judgment 757
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.
Keywords:
complainant; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
breach; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;
Judgment 494
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Director was being extremely critical of the activities of the Staff Committee, considering it as an unrepresentative minority of the staff association [...]. The suggestion made by the complainant that the transfer was designed to impede her activities as vice-chairperson by removing her from headquarters and to punish her for the Committee's attitude is therefore one which must be seriously examined. [...] Even if it were to be assumed that the Director was in general pursuing a policy of handicapping or penalising staff activities, he did not in this case carry it through [...]. There is no evidence of any personal hostility [...]. The transfer was a transfer of a programme rather than of a person."
Keywords:
bias; evidence; hidden disciplinary measure; lack of evidence; reorganisation; staff representative; staff union activity; transfer;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There had been tension between the Director and the staff association. The complainant, a member of the association, was transferred against her wishes. She insists that she was the victim of a disguised disciplinary sanction: she was transferred hastily and over her objections. But the transfer was part of a general plan which had been drawn up much earlier. There is nothing to suggest that its intention was to mask a sanction. The complainant was not especially active in the staff association. There being uncertainty about the real grounds for the impugned decision, the Tribunal will not regard as proved her allegation of a breach of the right of association.
Keywords:
evidence; freedom of association; hidden disciplinary measure; lack of evidence; staff representative; staff union; staff union activity; transfer;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant contends that the decision to terminate his appointment was a covert disciplinary measure taken in disregard of the prescribed procedure: he alleges abuse of authority and procedural irregularity. "There is no document in the dossier which makes or even implies any charge of unsatisfactory conduct. [...] The shortcomings imputed to [the complainant] bear no taint of misconduct such as would have warranted disciplinary action."
Keywords:
hidden disciplinary measure; lack of evidence; probationary period; termination of employment;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In deciding whether or not to extend a staff member's appointment the Director-General must take account of all the facts in the file of the person concerned. Where the latter has been subject to a disciplinary sanction, that must be weighed against other facts in the staff member's favour in order to reach a decision in the organisation's interests alone. It is lawful, save in exceptional circumstances, to take into account a disciplinary sanction. To impose a covert disciplinary sanction would be unlawful.
Keywords:
contract; disciplinary measure; fixed-term; hidden disciplinary measure; non-renewal of contract; organisation's interest;
Consideration 3
Extract:
A "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."
Keywords:
abuse of power; disciplinary measure; evidence; hidden disciplinary measure; misuse of authority;
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;
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