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Judgment No. 1261

Decision

THE COMPLAINT IS DISMISSED.

Consideration 6

Extract:

The complainant, whose duties included processing claims for overtime hours, was charged with using the organization's funds for his own benefit and suspended. He is seeking payment for 150 hours' overtime. The Tribunal holds that "it was his duty as the responsible officer to ensure that the organization's rules were being complied with. If they were not he should have brought the matter to the notice of his supervisors. There is no evidence that he did so. That he may have failed to apply the rules in processing claims from other employees does not entitle him to object that the organization is wrong to apply them to him. [...] The conclusion is that he failed to comply with the rules on overtime claims."

Keywords

negligence; overtime; staff member's duties; disciplinary measure; payment; request by a party

Considerations 7-8

Extract:

The complainant, whose duties included processing claims for payment of overtime hours, was charged with using the organization's funds for his own benefits and suspended. He has not managed to show that he did the overtime. So his claim of payment of the overtime hours, like his claim to damages and interests, fails.

Keywords

burden of proof; negligence; overtime; staff member's duties; disciplinary measure; payment; request by a party



 
Dernière mise à jour: 28.09.2020 ^ haut