Judgment No. 3162
1. The Executive Secretary's decision of 9 July 2010 is set aside.
2. The Commission shall pay the complainant moral damages in the amount of 30,000 euros.
3. It shall also pay him material damages in an amount equivalent to the salary, allowances and other benefits that he would have received from 13 July 2010 to 13 July 2013 save for home leave and related allowances, less the complainant's net earnings from other sources during that period.
4. The Commission shall remove and destroy any adverse material from the complainant's personnel file.
5. It shall pay the complainant costs in the amount of 10,000 euros.
6. All other claims are dismissed.
The complainant contests the decision to terminate his appointment which, in his view, is flawed for breach of due process.
"An allegation of dishonesty is an allegation of unsatisfactory conduct that may result in disciplinary action. As such, it must be dealt with in accordance with the organisation’s prescribed procedures (see Judgment 1724, under 14). That was not done in this case. This failure deprived the complainant of an opportunity to defend himself against a serious allegation and reflects a serious breach of his right to due process. The breach is particularly egregious having regard to the complainant’s work and the nature of the allegations."
Jugement(s) TAOIT: 1724
procedure before the tribunal; moral injury; general principle; right to reply; due process; good faith; organisation's duties; written rule; breach; disciplinary measure; procedural flaw
complaint allowed; decision quashed; probationary period; termination of employment