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Judgment No. 937

Decision

THE COMPLAINT IS DISMISSED.

Consideration 12, Summary

Extract:

the complainant was dismissed for misconduct. the organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. the tribunal held that the complainant was in breach of the letter and spirit of the rules: "though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."

Keywords

place of origin; exception; staff regulations and rules; enforcement; direct route; termination; misconduct; serious misconduct; home leave; staff member's duties

Consideration 14

Extract:

"When disciplinary action is out of all proportion to the offence according to both objective and subjective criteria, there is a mistake of law that warrants setting the impugned decision aside. There must be the closest scrutiny when the measure is dismissal."

Keywords

proportionality; termination; disciplinary measure

Consideration 14

Extract:

the complainant submits that none of "the charges supporting his dismissal for misconduct [...] amounts in itself to misconduct. indeed some of them do not, but what is serious is that there are several."

Keywords

termination; misconduct; serious misconduct; conduct; disciplinary measure

Considerations 17 and 18

Extract:

the complainant argues that the definition of misconduct in the fao manual does not fit the charges: the organization's reputation cannot suffer from inside squabbling. "the plea is mistaken. harm to the organization's good name does not require the knowledge of the public at large since reputation may be impaired even within a closed community."

Keywords

termination; misconduct; serious misconduct; conduct; organisation's reputation; definition

Consideration 12

Extract:

"as the tribunal said in judgment 271, the primary purpose [of home leave] is not to make [...] a monetary concession: it is to an international organisation's advantage that staff should maintain their links with their home countries."

Reference(s)

ILOAT Judgment(s): 271

Keywords

home leave; organisation's interest; purpose

Consideration 19

Extract:

"to prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."

Keywords

evidence; lack of evidence; termination; misconduct; disciplinary measure; misuse of authority

Consideration 21

Extract:

"in its surrejoinder the fao objects to the complainant's obtaining evidence in the form of tape recordings. the tribunal has not made use of them and therefore need not rule on the issue".

Keywords

evidence; admissibility of evidence; recording



 
Last updated: 14.09.2017 ^ top