Judgment No. 757
Decision
1. THE IMPUGNED DECISION IS QUASHED INSOFAR AS IT IMPOSES A DISCIPLINARY SANCTION ON THE COMPLAINANT.
2. THE ILO SHALL PAY HIM THE SUM OF 2,500 SWISS FRANCS.
3. HIS OTHER CLAIMS ARE DISMISSED.
Summary
Extract:
The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.
Keywords
complainant; organisation; negligence; no provision; salary; refund; disciplinary measure; hidden disciplinary measure; request by a party
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