Judgment No. 4058
1. The 21 January 2016 and 24 January 2017 decisions are set aside.
2. The WCO shall pay the complainant 10,000 euros in moral damages.
3. It shall also pay him 5,000 euros in costs.
4. All other claims are dismissed.
The complainant challenges the decision to terminate his fixed-term appointment for serious misconduct.
complaint allowed in part; decision quashed; termination of employment; misconduct; disciplinary procedure
Though the complainant raised the issue of conflict of interest of the Head of the Legal Service and the Head of Administration and Personnel, neither the Appeals Board nor the Secretary General in his final decision addressed this fundamental issue.
The existence of the above-mentioned conflict of interest is enough of a vitiating procedural flaw to require the setting aside of the decisions [...].
internal appeals body; procedural flaw; final decision; conflict of interest
[T]he Disciplinary Committee found no misconduct and recommended no sanction. In the decision of [...], the Secretary General failed to explain why the Disciplinary Committee’s analysis and conclusions on both the question of guilt and the question of sanction were wrong (see Judgment 3969, consideration 10).
ILOAT Judgment(s): 3969
duty to substantiate decision; disciplinary procedure; final decision; motivation
The complainant is no longer working for the Organization. No order was sought by the complainant to remit the matter to the Organization to consider again whether the complainant was guilty of misconduct and, if found guilty, what sanction should be imposed in light of a finding of misconduct. Accordingly, no order remitting the matter will be made.
disciplinary measure; material damages