Judgment No. 888
Decision
1. THE DECISION OF 15 DECEMBER 1986 IS QUASHED AND THE COMPLAINANT IS REINSTATED AS FROM 26 OCTOBER 1984.
2. THE COMPLAINANT IS AWARDED AN AMOUNT EQUAL TO THE PAY WHICH HE LOST FROM THE DATE OF DISMISSAL TO THE DATE OF REINSTATEMENT LESS ANY SUMS HE MAY HAVE EARNED ELSEWHERE DURING THAT PERIOD.
3. THE COMPLAINANT IS AWARDED 3,000 UNITED STATES DOLLARS IN COSTS.
Considerations
Extract:
The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.
Keywords
moral injury; amount; misrepresentation; right to reply; reinstatement; termination of employment; serious misconduct; medical certificate; summary dismissal; flaw; procedural flaw; material damages
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