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Judgment No. 162

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

The complainant contests the validity of his statement admitting participation in the traffic of foreign currency. The particulars of the statement are too detailed to have been invented by third parties. Even if the complainant did not himself draft the statement, he is bound by the signature to the document. He claims to have yielded to threats and improper treatment which are highly improbable and in any case not of such a kind as to force him to confess to imaginary acts of misconduct. The statement must therefore be held to be true.

Keywords

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

Consideration 3

Extract:

"The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."

Keywords

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

Consideration 3

Extract:

"[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."

Keywords

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

Consideration 3

Extract:

"The investigation [...] aimed at identifying the persons responsible for breaking the rules of the organization [...] was necessarily followed by the sanctions provided for in those rules. The investigation was therefore entrusted to the agents of the organization itself rather than to the authorities of the State in which the complainant was employed. The rules of the organization itself alone were applicable, and not any national legislation." [The case involves participation in the traffic of foreign currency.]

Keywords

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

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

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



 
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