Judgment No. 1878
1. The impugned decision is set aside.
2. The Organization shall provide the relief set out in consideration 33.
3. The Organization shall pay her 10,000 United States dollars in damages for moral injury.
4. It shall pay her 4,000 dollars in costs.
5. All her other claims are dismissed.
The complainant called her supervisor a fascist while giving the nazi salute. She was dismissed summarily. "In the Tribunal's view, while the complainant's conduct was not such as to be expected from an international civil servant, nevertheless it was not so serious as to warrant summary dismissal. Her words were intemperate, spoken in the heat of the moment to a superior. That is unacceptable. There was an insulting gesture used twice which was particularly hurtful to [her supervisor], a German. Again, that is unacceptable. But on the other hand an apology was offered the same evening and again the next morning and a written acceptance was generously given by [the supervisor]. In the opinion of the Tribunal qualifying the incident as serious misconduct justifying summary dismissal would be a clearly mistaken conclusion to draw from the facts. Therefore, the disciplinary measure imposed was so disproportionate as to amount to a mistake of law."
complaint allowed; complaint allowed in part; proportionality; termination of employment; serious misconduct; staff member's duties; conduct; fitness for international civil service; supervisor; working relations; disciplinary measure; summary dismissal; mistaken conclusion
"It is not acceptable that the organization, in defending this complaint, disclaims all responsibility for any alleged shortcomings of the Appeals Board."
procedure before the tribunal; complaint allowed; complaint allowed in part; liability; internal appeals body; internal appeal; reply; organisation's duties; flaw; procedural flaw