Judgment No. 3602
1. The impugned decision of 21 January 2013 is set aside to the extent that it found that summary dismissal was a proportionate sanction.
2. The matter is remitted to the WTO for the Director-General to make a new decision on the complainant’s case having regard to the Tribunal’s findings in considerations 23 to 27.
3. The WTO shall pay the complainant 12,000 euros in moral damages.
4. It shall also pay him 4,000 euros in costs.
5. All other claims are dismissed.
The complainant, a former employee of the WTO, contests the Director-General’s decision to summarily dismiss him for serious misconduct.
complaint allowed; decision quashed; case sent back to organisation; misconduct; summary dismissal
The Tribunal considers that in the particular circumstances the WTO had a duty of care towards the complainant that went beyond the mere statement that he had not established that his illness was responsible for his behaviour. That duty required the WTO to seek further medical advice concerning the complainant's medical condition that would have assisted it to have made a more informed assessment of a causal connection and consequential decision in the matter. This assessment should also have been weighed in determining proportionality. Having not done so, the impugned decision was unlawful [.]
[T]he impugned decision must be set aside to the extent that it found that summary dismissal was a proportionate sanction. The matter will be remitted to the WTO for reconsideration.
case sent back to organisation