Judgment No. 3863
Decision
1. The ICC shall pay the complainant moral damages in the sum of 25,000 euros.
2. It shall also pay the complainant 5,000 euros in costs.
3. All other claims are dismissed.
Summary
The complainant challenges the termination of his appointment on disciplinary grounds.
Consideration 8
Extract:
The executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached.
Keywords
duty to substantiate decision; executive head; motivation; motivation of final decision
Consideration 8
Extract:
[A]ccording to the well-settled case law of the Tribunal, the burden of proof rests on an organisation to prove allegations of misconduct beyond a reasonable doubt before a disciplinary sanction can be imposed (see, for example, Judgment 3649, consideration 14). It is equally well settled that the “Tribunal will not engage in a determination as to whether the burden of proof has been met, instead, the Tribunal will review the evidence to determine whether a finding of guilt beyond a reasonable doubt could properly have been made by the primary trier of fact” (see Judgment 2699, consideration 9).
Reference(s)
ILOAT Judgment(s): 2699, 3649
Keywords
burden of proof; disciplinary procedure
Consideration 9
Extract:
While what Mr M. said in the conversation with Mr K. about the identity of the person who told him these things might be viewed as hearsay, such evidence may nonetheless be admissible and it is simply a question of evaluating its probative value (see Judgment 2771, consideration 17).
Reference(s)
ILOAT Judgment(s): 2771
Keywords
evidence
Consideration 11
Extract:
The question is not whether the Tribunal is satisfied beyond a reasonable doubt that the complainant revealed confidential information to Mr M. Rather it is whether the Tribunal is satisfied that it was open to the Registrar to reach that conclusion by reference to that standard of proof.
Keywords
burden of proof; disciplinary procedure
Consideration 18
Extract:
The case law of the Tribunal establishes that, as a general rule, a staff member must have access to all evidence on which the authority bases (or intends to base) its decision against her or him. Under normal circumstances, such evidence cannot be withheld on grounds of confidentiality (see Judgment 2700, consideration 6, cited recently in Judgments 3688, 3613, 3586, 3490, 3380, 3347, 3290, 3285, 3272 and 3264, for example). The complainant is also entitled to have an opportunity to test the evidence and produce evidence to the contrary (see, for example, Judgment 2786, consideration 13).
Reference(s)
ILOAT Judgment(s): 2700, 2786
Keywords
evidence; confidential evidence; due process
Consideration 23
Extract:
The ICC has made additional submissions with respect to the confidentiality of some of the pleadings and evidence that have been submitted to the Tribunal. The Tribunal has taken note of these submissions and has referred to the evidence that it considers necessary in order to achieve justice between the parties.
Keywords
confidential evidence
Judgment keywords
Keywords
complaint allowed; termination of employment; disciplinary procedure
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