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Judgment No. 5

Decision

The Tribunal,
Giving judgment by default, the defendant having failed to appear;
Declares the complaint to be receivable and well-founded;
Rejecting all other fuller or contrary conclusions;
Orders the defendant to pay the complainant;
(1) His salary up to 30 September 1945;
(2) To make the contributions incumbent upon it to the Pensions Fund;
(3) Under the head of damages, calculated ex aequo et bono, the sum of 200,000 French francs;
Orders the refund of the deposit made by the complainant in accordance with the Statute of the Tribunal.

Considerations

Extract:

"The fact of being [wrongfully] dismissed for misconduct has had a highly prejudicial effect on the moral and social standing of the Complainant and has necessarily crippled his chances of finding other means of livelihood in an employment corresponding to his capabilities and his experience[.] [O]n this ground, the [organisation] must compensate the Complainant for an injury which is both material and moral in character".

Keywords

complaint allowed; material injury; moral injury; termination; serious misconduct; moral damages

Considerations

Extract:

Under the material provision only an official found "guilty" of misconduct may be dismissed. "[I]n order that an official may be considered as 'guilty', it is obviously necessary that he should be first informed in clear and precise terms of the grave charge against him and that he then have the possibility of defending himself before the competent authority before the latter takes its decision[.] [N]one of these conditions was fulfilled[.] [T]he [organisation] must therefore be charged with responsibility under this head".

Keywords

decision; duty to substantiate decision; grounds; right to reply; termination; serious misconduct



 
Last updated: 05.04.2017 ^ top