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Judgment No. 203

Decision

1. THE DECISION IMPUGNED IS QUASHED.
2. THE INTERNATIONAL CENTRE FOR ADVANCED TECHNICAL AND VOCATIONAL TRAINING SHALL PAY THE COMPLAINANT COMPENSATION IN THE AMOUNT OF ONE MILLION ITALIAN LIRE.

Consideration 3

Extract:

"[T]he decision impugned [summary dismissal] is tainted by a procedural irregularity and by error of law, both of these being grounds requiring it to be quashed."

Keywords

termination of employment; serious misconduct; flaw; procedural flaw; mistake of law

Consideration 2

Extract:

"[T]he seriousness of the complainant's misconduct cannot be evaluated without taking into account the extenuating circumstances. [T]he complainant did not appear to be unfit for employment [in the organisation], and therefore in discharging him the Director did not observe the principle of proportionality."

Keywords

proportionality; termination of employment; mitigating circumstances; serious misconduct

Consideration 2

Extract:

"Cases in which a disciplinary sanction imposed on a staff member appears out of all proportion to the objective and subjective circumstances in which the misbehaviour was committed should be assimilated to cases of error of law."

Keywords

proportionality; disciplinary measure; flaw

Consideration 1

Extract:

The complainant "was not [...] allowed to be present during the hearing of witnesses or to participate in the examination of the evidence. Although the statements made by the witnesses were communicated to him he was not in a position, during the hearing, to rebut the charges against him, to put questions, or to ask for clarification." The right to be heard was not respected. The decision to terminate the complainant for serious misconduct is tainted by a procedural irregularity.

Keywords

disclosure of evidence; right to reply; flaw; procedural flaw

Consideration 3

Extract:

The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."

Keywords

complaint allowed; amount; decision quashed; proportionality; contract; permanent; termination of employment; serious misconduct; criteria; material damages

Consideration 2

Extract:

Discharge and summary dismissal, by depriving the official of his employment, "may cause serious harm to the staff member concerned and to his family. In accordance with the principle that the penalty should be proportionate to the fault, they should, therefore, as a general rule be imposed only on a staff member whose conduct appears to be incompatible with the performance of his duties."

Keywords

injury; proportionality; termination of employment; summary dismissal; consequence



 
Last updated: 02.03.2020 ^ top