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Judgment No. 4565


The complaint is dismissed.


The complainant challenges the decision to impose on her the disciplinary sanction of downgrading for having engaged in gainful employment while on non-active status without prior authorisation.

Judgment keywords


downgrading; outside activity; disciplinary measure; complaint dismissed

Consideration 5


In the impugned decision […], the President was […] following the Committee’s conclusions (including that the complainant had acted in good faith) and recommendation which, in turn, was based, […] on a balanced and thoughtful consideration by the Committee of all the circumstances. In such a case, an executive head does not need to fully motivate acceptance and adoption of the conclusions and applicable recommendation (see Judgment 4044, consideration 7), particularly bearing in mind that the imposition of a disciplinary measure involves the exercise of a wide discretionary power (see Judgment 4460, consideration 8).


ILOAT Judgment(s): 4044, 4460


disciplinary measure; discretion; motivation; motivation of final decision

Last updated: 03.05.2023 ^ top