Suspension (513, 942,-666)
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Keywords: Suspension
Total judgments found: 43
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Judgment 3880
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director-General’s finding of misconduct and the imposition of the disciplinary measure of suspension without pay for two weeks, and claims excessive delay in the disciplinary and internal appeal proceedings.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; suspension;
Judgment 3502
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director General's decision to partially adopt the Appeal Board's recommendations on his appeal against his temporary suspension.
Judgment keywords
Keywords:
complaint dismissed; joinder; misconduct; organisation's interest; suspension;
Consideration 17
Extract:
"The Tribunal notes that the suspension was not a sanction; it was an urgent cautionary interim measure (see, for example, Judgment 3037, under 9)."
Reference(s)
ILOAT Judgment(s): 3037
Keywords:
suspension;
Judgment 3496
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness of his suspension and the reprimand that he subsequently received.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; suspension;
Consideration 2
Extract:
"Since this precautionary measure [suspension] imposes a constraint on the staff member, it must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. This decision is a matter of discretion and is subject therefore to only limited review by the Tribunal, that is to say, if it was taken without authority or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see, for example, Judgment 2365, under 4(a))."
Reference(s)
ILOAT Judgment(s): 2365
Keywords:
suspension;
Judgment 3366
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to transmit to the Board of Appeal his claim concerning the displaying of his photo in the security premises of the Organisation following his dismissal.
Judgment keywords
Keywords:
complaint dismissed; respect for dignity; suspension;
Judgment 3261
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that the application for execution of Judgment 3036 was justified by the defendant’s delay in executing that judgment.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3036
Keywords:
organisation's duties; reinstatement; suspension;
Judgment 3212
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her suspension, alleging that the mediation procedure was flawed.
Judgment keywords
Keywords:
complaint allowed; decision quashed; flaw; suspension;
Judgment 3184
114th Session, 2013
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to suspend him without pay, alleging that it was taken in breach of the rule against double jeopardy.
Judgment keywords
Keywords:
complaint allowed; suspension;
Judgment 3138
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; suspension;
Consideration 10
Extract:
Suspension is an interim precautionary measure which, in principle, must be adopted urgently, and this will often make it impossible to invite the person concerned to express their opinion beforehand. However, this person’s right to be heard must be exercised before the substantive decision is taken to impose a disciplinary sanction (see Judgment 2365, under 4(a)).
Reference(s)
ILOAT Judgment(s): 2635
Keywords:
due process; right to be heard; suspension;
Consideration 8
Extract:
The suspension of an official, even if it is only an interim measure, is liable to undermine the esteem in which that person is held within the employing organisation or, at least, within the service to which he or she is assigned. In these circumstances, having to face other people and being suddenly plunged into precarious inactivity can generate acute stress which might have repercussions on the person’s health, depending on his or her sensitivity and constitution. Even if suspension is not necessarily followed by a substantive decision to impose a disciplinary sanction, it is plainly a decision adversely affecting the person concerned which must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct (see Judgment 2698, under 9).
Reference(s)
ILOAT Judgment(s): 2698
Keywords:
misconduct; suspension;
Judgment 3081
112th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; misconduct; serious misconduct; suspension; termination of employment;
Judgment 3037
111th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"According to the Tribunal’s case law, suspension is an interim measure which need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgments 1927, under 5, and 2365, under 4(a)). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director General. It can therefore be reviewed by the Tribunal only on limited grounds and will be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see Judgment 2698, under 9, and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 1927, 2365, 2698
Keywords:
suspension;
Judgment 3035
111th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant was suspended from duty on 4 September 2008.
"The Tribunal finds that, in maintaining the complainant's suspension by his decision of 6 July 2009, the Director General extended the duration of this suspension beyond the reasonable limit accepted by the case law and thus caused the complainant moral and professional injury."
Keywords:
breach; case law; cause; date; executive head; extension of contract; injury; moral injury; professional injury; reasonable time; suspension;
Consideration 10
Extract:
Staff Rule 10.1.2 provides that, “[w]hen a charge of serious misconduct is made against a staff member and if the Director General considers that the charge is well founded and that the staff member’s continuance in office pending the results of an investigation might be prejudicial to the service, the Director General may suspend the staff member from duty, with or without pay, until the end of the investigation, without prejudice to his rights”.
According to the Tribunal’s case law, suspension is an interim measure which need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgments 1927, under 5, and 2365, under 4(a)). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director General. It can therefore be reviewed by the Tribunal only on limited grounds and will be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see Judgment 2698, under 9, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 1927, 2365, 2698
Keywords:
final decision; suspension;
Judgment 2773
106th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Nor has the Tribunal found any evidence on file to suggest that the Organization displayed prejudice against the complainant. The circumstance which the complainant cites in support of this contention, namely that he was suspended from his duties on the basis of Staff Rules, cannot be construed in that way, because such a suspension is only an interim, precautionary measure which does not at all prejudge the outcome of the proceedings (see, for example, Judgments 1927, under 5, and 2365, under 4(a))."
Reference(s)
ILOAT Judgment(s): 1927, 2365
Keywords:
bias; disciplinary measure; disciplinary procedure; measure of distraint; organisation's duties; provisional measures; staff regulations and rules; suspension; suspensive action;
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;
Consideration 5
Extract:
"While the complaint may seem to show no cause of action, since the decision to suspend him has been revoked, the measure did have material - although not financial - and particularly moral consequences during the period for which it was in effect. Certain of the complainant's duties were withdrawn, although he continued to receive full pay. In these conditions, the complaint does still show cause for action [...]."
Keywords:
cause of action; consequence; decision; injury; material injury; moral injury; receivability of the complaint; suspension; withdrawal of decision;
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 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(B)
Extract:
The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."
Keywords:
bias; competence of tribunal; contract; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;
Judgment 353
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
" [I]t was incumbent on the [chief of personnel] to suspend the complainant from duty forthwith, the case then being referred to the Director [...] so that he might consider disciplinary proceedings."
Keywords:
disciplinary procedure; suspension;
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 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The liability of the organization to pay compensation is established by Judgment No. 136 [under two heads:] [...] compensation to the complainant for the non-renewal of his contract [...] and compensation for moral damage for illegal suspension from duty."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
contract; execution of judgment; fixed-term; injury; judgment of the tribunal; material damages; moral injury; non-renewal of contract; suspension;
Consideration 5
Extract:
"The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."
Keywords:
amount; contract; criteria; fixed-term; injury; moral injury; suspension;
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 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;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
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