Judgment No. 1228
Decision
1. THE DIRECTOR-GENERAL'S DECISION OF 19 APRIL 1991 IS QUASHED.
2. THE CASE IS SENT BACK TO THE UNIVERSAL POSTAL UNION FOR A NEW DECISION.
3. THE UNION SHALL PAY THE COMPLAINANT 1,000 SWISS FRANCS IN DAMAGES FOR MORAL INJURY.
4. IT SHALL PAY HIM 2,000 SWISS FRANCS IN COSTS.
Consideration 4
Extract:
The complainant's case was the subject of disciplinary proceedings. The resulting report, which contained certain adverse comments on him along with a recommendation from the Disciplinary Committee, was referred to the Joint Appeals Committee but not shown to the complainant. "The report having been put to the Appeals Committee, it had the duty to communicate its contents to the complainant and so to afford him the opportunity of challenging it or commenting on it. The Appeals Committee's failure to observe that elementary rule of due process is an essential procedural flaw and constitutes a breach of the complainant's right of defence."
Keywords
internal appeals body; right to reply; due process; disciplinary procedure; procedural flaw
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