Judgment No. 96
THE COMPLAINT IS DISMISSED.
The complainant's submission that the President of the Tribunal should make an order to authorise him to communicate the dossier of his dismissal to the government does not fall within the competence of either the President or the Tribunal.
competence of tribunal; member state; termination
"While complainants have an absolute right to apply to the Administrative Tribunal, within the jurisdiction assigned to it, without any restriction and are allowed great freedom in supporting their claims, both in form and in substance, this right and this freedom are granted to ensure respect for their terms of appointment."
right of appeal; staff member's interest; staff regulations and rules; enforcement; purpose; safeguard
"By his repeated complaints against decisions which, in general, did not affect his rights as an official, by reverting on several occasions to allegations which the Tribunal had already dismissed, by applying to the Tribunal for the purpose of lending force to the wild and unnecessarily wounding allegations which he had repeatedly made against the organisation and the [national] authorities, [the complainant] has entirely perverted from its proper purpose the right of appeal to the Administrative Tribunal afforded to [...] officials [of the organisation] and has affronted the dignity of his organisation and of the Tribunal."
identical claims; right of appeal; vexatious complaint; staff member's duties
"The complainant's behaviour, in which he persisted over a period of several years in spite of warnings from the organisation and from the Tribunal, showed repeated infringements by him [...] of the Staff Regulations and was of a nature to throw public discredit on the organisation; it thus constituted serious misconduct under which [the applicable provision] was such as legally to justify his summary dismissal without notice."
vexatious complaint; termination; serious misconduct; staff member's duties; conduct; organisation's reputation; summary dismissal; warning
At the request of the complainant, who wished to go directly to the Tribunal, the procedure laid down under the applicable provision was not followed. "Even assuming that the conditions specified in [the provision] were not fulfilled and that no other basis could be found for the decision impugned, there could be no question of quashing that decision, but only of awarding [the complainant] compensation which, in the circumstances of the case, could not exceed the amount which the organisation has seen fit to award him ex gratia."
flaw; procedural flaw; material damages