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Judgment No. 3882

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to dismiss him with immediate effect for misconduct.

Judgment keywords

Keywords

termination; misconduct; disciplinary procedure

Consideration 9

Extract:

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.

Reference(s)

ILOAT Judgment(s): 1637, 2062

Keywords

evidence

Consideration 14

Extract:

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.

Keywords

evidence; disciplinary procedure



 
Last updated: 28.07.2017 ^ top