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Judgment No. 1251

Decision

1. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE EQUIVALENT OF TWO YEARS' SALARY AND ALLOWANCES, RECKONED AT THE RATES PREVAILING IN JANUARY 1990, IN DAMAGES FOR WRONGFUL TERMINATION.
2. IT SHALL FURTHER PAY HIM THE EQUIVALENT OF TWO YEARS' SALARY AND ALLOWANCES, RECKONED AT THE SAME RATES, IN DAMAGES UNDER THE OTHER HEADS OF INJURY.
3. HE IS ENTITLED TO ANY SUMS DUE FOR HIMSELF AND HIS FAMILY IN RESPECT OF REPATRIATION FROM NAIROBI TO ACCRA.

Consideration 8

Extract:

The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He says there was no fair and proper investigation of the charges against him. The Tribunal observes that the investigators failed to reach the complainant and "the organization made no effort to give him an opportunity of controverting or explaining the several matters which resulted in his dismissal. [...] Up to the time that the Joint Disciplinary Committee was appointed [...] he had no opportunity of explaining his position."

Keywords

complaint allowed; decision; decision quashed; inquiry; right to reply; due process; termination; serious misconduct; disciplinary measure; disciplinary procedure; summary dismissal

Consideration 9

Extract:

The complainant was accused of misappropriating funds and summarily dismissed for misconduct. The Tribunal holds that though the Appeals Board "recorded in its report the organization's submissions on the facts, it did not come to any conclusion on them and indeed said it was 'extremely difficult to impute the misfeasances committed to the complainant'. The Director-General's decision is thus flawed with the wrong assumption that the Board had made findings adverse to the complainant."

Keywords

complaint allowed; decision; internal appeals body; decision quashed; termination; serious misconduct; disciplinary measure; summary dismissal; judicial review; flaw; mistake of fact; mistaken conclusion

Consideration 10

Extract:

The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He claims payment of repatriation costs, to which he would not be entitled upon summary dismissal under Rule 109.9 (f). However, the Director-General agreed to deduct them from the sums which he allegedly owed the organization. The Tribunal holds that "since the dismissal was wrongful and the organization has failed to prove that the complainant owes it that sum, the claim succeeds."

Reference(s)

Organization rules reference: STAFF RULE 109.9 (F)

Keywords

complaint allowed; decision; decision quashed; repatriation allowance; termination; serious misconduct; disciplinary measure; summary dismissal; discretion; executive head; right



 
Dernière mise à jour: 30.10.2018 ^ haut