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Judgment No. 248

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

the complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under staff regulation... the tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."

Keywords

transfer; termination; unsatisfactory service; warning; judicial review

Considerations

Extract:

"... after her dismissal, before she appeared before the ... appeals board and on appearing before the board, [the complainant] had every opportunity to examine all the documents in her dossier and to submit her case. she thus enjoyed all the formal and procedural safeguards stipulated by the terms of her appointment and the general principles of law."

Keywords

disclosure of evidence; adversarial proceedings; right to reply; due process; termination

Considerations

Extract:

"a staff member cannot properly be dismissed for reasons of health unless he is no longer physically or mentally fit for work."

Keywords

termination; health reasons; incapacity; medical fitness; condition

Considerations

Extract:

"a staff member cannot properly be dismissed for disciplinary reasons unless he has committed misconduct in the performance of his duties or in the course of such performance or in some manner directly connected therewith."

Keywords

termination; misconduct; disciplinary measure; condition



 
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