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Judgment No. 3289

Decision

1. The impugned decision insofar as concerns the written censure is set aside.
2. The decision is remitted to the Director-General for a reformulation of the censure in accordance with consideration 17.
3. All other claims are dismissed.

Summary

The complainant received a written censure for failing to comply with the procedure of authorizing outside activities and remuneration.

Judgment keywords

Keywords

breach; salary; misconduct; outside activity; disciplinary measure; censure; consultation; flaw

Consideration 5

Extract:

"[I]t is observed that there is no limitation period in relation to disciplinary proceedings in the Staff Regulations and Rules. The complainant’s attempt to analogise from the Staff Rule concerning the recovery of an overpayment within one year is without merit. An overpayment is in no way analogous to misconduct. It is true that, if possible, an organisation should promptly take action when the possibility of misconduct on the part of a staff member comes to its attention. However, the complainant’s assertion that an alleged violation of a Staff Rule, if considered serious, “has to be investigated promptly and at the latest one year after the Administration took notice thereof” has no foundation in law or in the Staff Regulations and Rules."

Keywords

organisation's duties; recovery of overpayment; staff regulations and rules; breach; misconduct; disciplinary procedure

Consideration 17

Extract:

"[T]he contents of the written censure go beyond the findings of the JAB or are not compatible with those findings. Having accepted the recommendations of the JAB based on those findings, the written censure should have reflected, in a balanced way, those recommendations."

Keywords

recommendation; censure; judicial review



 
Last updated: 27.02.2017 ^ top