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Judgment No. 63

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

The Tribunal is competent to pass judgment on the irregularities allegedly committed by the Appeals Board only to the extent that they might, "particularly by reason of their gravity, have affected the Director-General's decision." This is not a case in point: there was a hearing of both parties; the allegations made by complainant are without substance or relevance.

Keywords

decision; lack of injury; internal appeals body; internal appeal; judicial review; flaw; procedural flaw; consequence

Consideration 2

Extract:

The complainant failed to comply with several of his obligations under the Staff Rules and Regulations; thus "by communicating to third parties information on official matters which had not been publicised in any way[,] he acted contrary to the duty of discretion defined by [the applicable Regulation]."

Keywords

communication to third party; duty of discretion

Consideration 3

Extract:

"It is [...] obvious that by [the complainant's] mere refusal to come to [headquarters] in response to the orders of the Director-General, he justified the sanction imposed on him. On this point too his dereliction of duty is patent. He rebelled against the authority of the Director-General instead of submitting to it as was his duty under [the Staff Regulations]. It was therefore knowingly that he failed to comply with his instructions. a most serious view must be taken of his behaviour."

Keywords

serious misconduct; staff member's duties; conduct; insubordination

Consideration 1

Extract:

"As this is the heaviest penalty which can be inflicted, and can be applied without prior consultation with a joint body, this provision must not be given a broad interpretation. It applies to an official who, in the first place, fails in his duty and, in the second place, thereby commits serious misconduct." In the present case, the complainant was dismissed without advance notice. "It is, therefore, necessary to consider whether the conditions on which the validity of such an action depends were complied with, i.e. whether the complainant failed in his duty and was thus guilty of serious misconduct."

Keywords

termination of employment; serious misconduct; disciplinary measure; summary dismissal; judicial review

Consideration 2

Extract:

The "many breaches of duty imply serious misconduct. Not only did [the complainant] cause so much dissension among the teaching staff and students [...] that the [national] authorities intervened, but he compromised the reputation of [the organization] itself. From an objective point of view, he has incurred a heavy responsibility which is equally heavy if viewed from a subjective point of view. As an intellectual he was bound to be aware of the consequences of his actions and, as an expert on an important mission, he should have been scrupulously careful to show himself worthy of the confidence that had been placed in him."

Keywords

serious misconduct; staff member's duties; conduct; duty of discretion; organisation's reputation



 
Dernière mise à jour: 20.09.2017 ^ haut