Judgment No. 1445
THE COMPLAINT IS DISMISSED.
The complainant was charged with making false statements to collect certain benefits. He says the organisation's policy was easy going and alleges breach of equal treatment. "There is no evidence to show just what the practice that the complainant relies on may have been: it does not seem to be a general one. Nor is there any evidence to suggest that those who he says benefited from it were all in the same position in fact and law as he. Indeed [...] his position in fact was peculiar to him since it was he who processed claims to the refund of education expenses. So he may not claim the same treatment as other officials".
evidence; general principle; equal treatment; practice
"Consistent precedent has it that there cannot be breach of equal treatment unless there is different treatment of officials who are in like position in fact and in law."
case law; equal treatment; breach; condition
The choice of a particular sort of disciplinary action is "obviously at the Director-General's discretion and the Tribunal will not interfere unless his decision shows some fatal flaw such as [...] breach of the rule of proportionality."
proportionality; disciplinary measure; judicial review; discretion; executive head; limits