Judgment No. 3882
The complaint is dismissed.
The complainant challenges the decision to dismiss him with immediate effect for misconduct.
termination; misconduct; disciplinary procedure
As far as the admissibility of the documents is concerned, the Tribunalís case law states that its practice is to consider any items that are material to a case, but that it will not use a confidential document to the complainantís detriment unless she or he had the opportunity to see it beforehand (see Judgment 2062, under 5). It has further stated that an item which is material to a case will be admissible unless it was obtained by deceit, or its authenticity is in dispute (see Judgment 1637, under 6). The complainant does not challenge the authenticity of the documents and there is no evidence that they were obtained by deceit.
ILOAT Judgment(s): 1637, 2062
It is settled principle that the organization must prove its case against a complainant in a disciplinary matter such as this beyond a reasonable doubt.
evidence; disciplinary procedure