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Judgment No. 2605

Decision

1. The impugned decision is quashed.
2. The claims for relief in connection with the amounts deducted from the complainant's salary and owed to him as a consequence of the present judgment, and with days of absence from work, are remitted to the Organization for determination.
3. The claim for moral damages is rejected.
4. The requests for an apology and for appropriate 'managerial action' are rejected.
5. The Organization shall pay the complainant 2,000 Swiss francs in costs.

Consideration 11

Extract:

"The Tribunal considers that informing a person in advance that an investigation into certain allegations will be undertaken is not a requisite element of due process. Although notification prior to the start of an investigation may well be the preferred course of action, in certain circumstances alerting an individual to the fact that an investigation is to be undertaken may well compromise the investigation. As well, it may be through a routine review or audit that irregularities are encountered. It is once irregularities have been identified that the individual must be informed of the allegations of irregularities with sufficient precision to enable him to respond adequately; he should then be given an opportunity to respond, in particular to defend himself against the allegations, and to make such further response as the circumstances require prior to any conclusions being reached."

Keywords

procedure; claim; complaint allowed; complaint allowed in part; inquiry; right to reply; due process; organisation's duties; duty to inform; flaw



 
Last updated: 16.03.2009 ^ top