Judgment No. 3852
The complaint is dismissed.
The complainant impugns the decision to summarily dismiss her for serious misconduct.
termination of employment; misconduct; disciplinary measure; complaint dismissed
[T]he Tribunal notes that the evidence against [the complainant] has been proven beyond a reasonable doubt and no admission of guilt is necessary for a finding of guilt.
burden of proof; disciplinary measure
The Tribunal finds the claim that information was illegally collected from the complainant’s electronic devices to be unfounded. The electronic devices, which were inspected, were her work computer and the work scanner for her department. These devices are the property of the OPCW and the complainant had to acknowledge a disclaimer prior to logging in to her work computer.
The Tribunal concludes that, based on the evidence, the Director-General could properly determine that the misconduct was proven beyond a reasonable doubt. He therefore properly exercised his discretion to dismiss the complainant summarily, as he did.
burden of proof; termination of employment; disciplinary measure; discretion