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Judgment No. 160

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

Vide Judgment 162, consideration 1.

Keywords

evidence; appraisal of evidence; serious misconduct; staff member's duties; conduct; lack of consent

Consideration 4

Extract:

Vide Judgment 162, consideration 3.

Keywords

evidence; adversarial proceedings; right to reply; due process; termination; serious misconduct; purpose; safeguard

Consideration 2

Extract:

"There is no evidence to indicate that the officials by whom the complainant alleges that he was victimised acted in a spirit of animosity or in order to protect their own interests. On the contrary, the fact that the investigation was carried out by several officials excludes any suspicion of bias."

Keywords

inquiry; serious misconduct; bias

Consideration 4

Extract:

Vide Judgment 162, consideration 3.

Keywords

organisation's duties; separation from service; termination; medical examination; sick leave; condition; consequence; right

Consideration 4

Extract:

Vide Judgment 162, consideration 3.

Keywords

inquiry; applicable law; domestic law; staff regulations and rules; enforcement; serious misconduct; disciplinary measure

Consideration 3

Extract:

Vide Judgment 162, consideration 2.

Keywords

inquiry; salary; serious misconduct; disciplinary measure; suspension; organisation's interest

Consideration 1

Extract:

The complainant had been on leave and then fell sick. He should have informed the registrar or have taken steps to ensure that the communication containing the memorandum in reply to his complaint was forwarded to him. "Consequently it was his own fault that he did not receive the communication [...] and did not reply within the time limit. There is therefore no reason to grant him a further time limit for his reply. Moreover, this could have been done only if it had been requested before the expiry of the original time limit. [...] The complainant's application was tardy." Since the dossier contains several memoranda by the complainant, the Tribunal can take its decision in full knowledge of the facts.

Keywords

complainant; delay; new time limit; submissions; rejoinder; closure of written proceedings; negligence; health reasons



 
Last updated: 11.10.2017 ^ top