Judgment No. 1927
THE COMPLAINT IS DISMISSED.
"In practice, while suspension is indeed an essentially interim measure which maintains the rights of the staff member concerned, as the Tribunal recalled in Judgment 353 [...], it is nevertheless a decision which causes injury to the person concerned."
Jugement(s) TAOIT: 353
injury; case law; staff member's interest; misconduct; disciplinary procedure; suspension; safeguard
"While the complaint may seem to show no cause of action, since the decision to suspend him has been revoked, the measure did have material - although not financial - and particularly moral consequences during the period for which it was in effect. Certain of the complainant's duties were withdrawn, although he continued to receive full pay. In these conditions, the complaint does still show cause for action [...]."
decision; withdrawal of decision; injury; material injury; moral injury; receivability of the complaint; cause of action; suspension; consequence