Judgment No. 757

• Organization: International Labour Organization (ILO)
• Date: 12.06.1986
• Original: French
• Judges: Ducoux, Gros Espiell, Grisel
• Full judgment text - Full judgment text (french)

Decision

1. THE IMPUGNED DECISION IS QUASHED INSOFAR AS IT IMPOSES A DISCIPLINARY SANCTION ON THE COMPLAINANT.
2. THE ILO SHALL PAY HIM THE SUM OF 2,500 SWISS FRANCS.
3. HIS OTHER CLAIMS ARE DISMISSED.

Summary

Extract:

The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.

Keywords

complainant; organisation; negligence; no provision; salary; refund; disciplinary measure; hidden disciplinary measure; request by a party