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Judgment No. 2944

Decision

The complaints are dismissed.

Consideration 19

Extract:

"[The] complaints, which contain some common claims and rest in part on the same arguments, are largely interdependent. The Tribunal therefore considers that they should be joined in order that they may form the subject of a single judgment."

Keywords

complaint; joinder; identical claims; identical facts; condition; same

Consideration 22

Extract:

"[A]ccording to firm precedent, international civil servants do not have a right to promotion (see, for example, Judgments 1207, under 8, or 2006, under 12) and [...] decisions in this domain, which are taken at the discretion of the executive head of the organisation, are subject to only limited judicial review (see, for example, Judgments 1670, under 14, or 2221, under 9)."

Reference(s)

ILOAT Judgment(s): 1207, 1670, 2006, 2221

Keywords

decision; international civil servant; case law; promotion; judicial review; discretion; executive head; limits; right

Consideration 45

Extract:

"By not paying the sums owed to creditors for more than ten years and not complying with several court rulings ordering her to meet her obligations, the complainant, an international civil servant, plainly did not show due respect for local laws and institutions and for the public policy of the host State [...]."

Keywords

judgment of the tribunal; member state; domestic law; municipal court; misconduct; staff member's duties; debt

Consideration 48

Extract:

"[B]reaches of private financial obligations on the part of international civil servants are incompatible with the rules of conduct by which they must abide (see, for example Judgments 53, under 7, 1480, under 3, or 1584, under 9)."

Reference(s)

ILOAT Judgment(s): 53, 1480, 1584

Keywords

written rule; breach; misconduct; staff member's duties; conduct; debt

Consideration 50

Extract:

"[A[ccording to firm precedent, as recalled in particular in Judgments 207, 1984 and 2773, the disciplinary authority has a discretion to determine the severity of a disciplinary measure justified by a staff member's misconduct, provided that the measure adopted is not manifestly out of proportion to the offence."

Reference(s)

ILOAT Judgment(s): 207, 1984, 2773

Keywords

case law; proportionality; misconduct; disciplinary measure; disciplinary procedure; discretion; condition



 
Last updated: 29.07.2010 ^ top