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Misconduct (392, 397, 498, 499, 507, 210, 263, 389, 390, 391, 393, 395, 396, 398, 843, 969, 394, 508, 510, 511, 512, 513, 942, 514, 817, 908, 941, 943, 509, 901, 909, 910, 911, 912, 917, 642, 679, 820, 827, 652, 728, 860, 784, 898, 902, 903, 904, 906, 907, 913,-666)

You searched for:
Keywords: Misconduct
Total judgments found: 161

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  • Judgment 4351


    131st Session, 2021
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her dismissal from service for misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;



  • Judgment 4347


    131st Session, 2021
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision of the Director of PAHO to impose on him the disciplinary measure of reassignment with reduction in grade.

    Consideration 27

    Extract:

    The Tribunal, in accordance with its case law, shall not reweigh the evidence but shall limit itself to evaluating the lawfulness of the Board of Appeal’s and Director’s findings and conclusions on the evidence (see, for example, Judgments 4237, consideration 12, 4207, consideration 10, and 3964, consideration 13).

    Reference(s)

    ILOAT Judgment(s): 3964, 4207, 4237

    Keywords:

    evidence; misconduct;



  • Judgment 4343


    131st Session, 2021
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to demote him by two grades as a disciplinary measure for harassment.

    Judgment keywords

    Keywords:

    complaint dismissed; disciplinary measure; harassment; misconduct;



  • Judgment 4311


    130th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to apply the sanction of summary dismissal to him.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; summary dismissal;



  • Judgment 4310


    130th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to apply the sanction of summary dismissal to him.

    Judgment keywords

    Keywords:

    complaint allowed; misconduct; summary dismissal;



  • Judgment 4308


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;



  • Judgment 4295


    130th Session, 2020
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a finding made in the decision not to impose a disciplinary measure against him.

    Judgment keywords

    Keywords:

    cause of action; complaint dismissed; impugned decision; misconduct;



  • Judgment 4247


    129th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her dismissal from service for serious misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;

    Considerations 11-12

    Extract:

    The complainant is [...] of the view that the decision is flawed because [...] WIPO failed to prove her misconduct beyond a reasonable doubt. [...] In relation to the [...] point the complainant made, as stated in Judgment 3882, in consideration 14:
    “It is settled principle that the organization must prove its case against a complainant in a disciplinary matter such as this beyond a reasonable doubt. The complainant argues that the [organization] did not meet that standard of proof in the present case. The Tribunal’s approach when this issue is raised was stated, for example, in consideration 14 of Judgment 3649, as follows:
    ‘At this juncture, it is useful to reiterate the well settled case law that the burden of proof rests on an organization to prove the allegations of misconduct beyond a reasonable doubt before a disciplinary sanction is imposed. It is equally well settled that the “‘Tribunal will not engage in a determination as to whether the burden of proof has been met, instead, the Tribunal will review the evidence to determine whether a finding of guilt beyond a reasonable doubt could properly have been made’ (see Judgment 2699, consideration 9).”
    However, at this juncture, it must also be noted that WIPO’s Staff Rule 10.1.2(d) expressly provides that the applicable standard of proof in disciplinary proceedings is “clear and convincing evidence”.
    In the present case, based on a comprehensive investigation, IOD found that there was “clear and convincing evidence that [the complainant] was absent from work without a proper authorization 80 times between 1 October 2014 and 31 March 2015” and that, “[i]n each of [these] instances, [she] had misrepresented her presence at work through e-Work ‘omission to clock’ submissions”. The Tribunal has reviewed the IOD’s investigation report and the extensive evidence referenced in that report. The Tribunal agrees with IOD’s characterization of the evidence as being, at a minimum, “clear and convincing evidence” regarding the complainant’s conduct. It is clear that the facts underlying the charge of misconduct are uncontroverted. The reference by the Director General to the “clear and convincing evidence standard” does not detract from the fact that, in substance, the standard of beyond a reasonable doubt was met.

    Reference(s)

    ILOAT Judgment(s): 2699, 3649, 3882

    Keywords:

    burden of proof; disciplinary measure; disciplinary procedure; misconduct; standard of proof;

    Consideration 13

    Extract:

    [T]he complainant submits that the decision to dismiss her amounts to unequal treatment, alleging that other officials who have committed fraud and other forms of misconduct were never sanctioned. This submission is rejected. Leaving aside the fact that she has not substantiated that those officials were similarly situated in fact and law, the Tribunal’s case law consistently holds that the principle of equal treatment cannot ordinarily be invoked to challenge a finding of misconduct (see, for example, Judgment 3575, consideration 5, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 3575

    Keywords:

    equal treatment; misconduct;



  • Judgment 4237


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision – taken after his resignation – to find him guilty of serious misconduct, and the decision to withhold from his separation entitlements an amount corresponding to financial losses allegedly incurred by WHO as a result of his misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct;



  • Judgment 4227


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Judgment keywords

    Keywords:

    complaint dismissed; disciplinary procedure; misconduct; termination of employment;

    Consideration 6

    Extract:

    The role of the Tribunal in a case such as the present, in relation to the question of whether the alleged conduct took place, was summarised in Judgment 3862, consideration 20. According to the well-settled case law of the Tribunal, the burden of proof rests on an organisation to prove allegations of misconduct beyond a reasonable doubt before a disciplinary sanction can be imposed (see, for example, Judgment 3649, consideration 14). It is equally well settled that the “Tribunal will not engage in a determination as to whether the burden of proof has been met, instead, the Tribunal will review the evidence to determine whether a finding of guilt beyond a reasonable doubt could properly have been made by the primary trier of fact” (see Judgment 2699, consideration 9).

    Reference(s)

    ILOAT Judgment(s): 2699, 3649, 3862

    Keywords:

    burden of proof; disciplinary measure; misconduct; standard of proof; standard of proof in disciplinary procedure;



  • Judgment 4207


    129th Session, 2020
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director General’s decision to endorse the conclusion of the Office of Internal Oversight Services that it was unable to make a conclusive determination on her sexual harassment claim and to reject her related request for damages.

    Consideration 14

    Extract:

    A claim of harassment and a report of misconduct based on an allegation of harassment are distinct and separate matters. A claim of harassment is a claim addressed to the organization the resolution of which only involves two parties, the organization and the reporter of the harassment. In contrast, a report of alleged misconduct, based on an allegation of harassment, triggers the Appendix G procedures, a process that is directed at the culpability of the staff member in question and potentially the imposition of a disciplinary measure. In this process, the two parties are the organization and the staff member in question. In this process, the reporter of the misconduct, a potential victim of the harassment, is a witness and not a party in the proceedings.

    Keywords:

    disciplinary procedure; harassment; misconduct; sexual harassment;

    Consideration 18

    Extract:

    The Tribunal concludes that the IAEA could have and should have given the complainant a decision regarding her complaint of harassment within a reasonable time following the completion of the investigation [...]. Rather than reacting promptly in relation to the complainant’s claim of harassment, the Administration held this claim in abeyance pending the completion of the Appendix G procedure and a determination as to whether misconduct was committed. The fact that the Appendix G procedures were still ongoing did not in any way preclude the IAEA from responding to the complainant’s claim of harassment.

    Keywords:

    harassment; inquiry; investigation; misconduct; reasonable time; sexual harassment;



  • Judgment 4106


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to apply to him the sanction of discharge.

    Judgment keywords

    Keywords:

    complaint dismissed; misconduct; termination of employment;



  • Judgment 4077


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU applies for interpretation and review of Judgment 3928 alleging errors of fact, inter alia, and asserts that it is impossible to give effect to the Tribunal’s order to reinstate the complainant. The complainant applies for execution of Judgment 3928.

    Consideration 25

    Extract:

    [T]he [organization] could not refer to the complainant’s alleged misconduct as a reason not to reinstate him as no disciplinary proceeding has occurred in that regard, so misconduct has never been proven. It is all the more grave when considering that the alleged reason for the abolition of the posts was because of financial constraints. The abolition of a post can never be based on a staff member’s conduct, as that would constitute a hidden sanction. The [organization]’s presentation before the Council of Administration constituted a breach of the duty of care and of the adversarial principle, as the complainant was not given any opportunity to defend himself and his reputation from the allegations. The UPU must respect the dignity of its staff and preserve their reputation.

    Keywords:

    abolition of post; adversarial proceedings; budgetary reasons; due process; duty of care; hidden disciplinary measure; misconduct; reinstatement;



  • Judgment 4065


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; misconduct; sick leave; termination of employment;



  • Judgment 4063


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment on disciplinary grounds.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; misconduct; termination of employment;



  • Judgment 4058


    127th Session, 2019
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his fixed-term appointment for serious misconduct.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; disciplinary procedure; misconduct; termination of employment;



  • Judgment 4051


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; misconduct; termination of employment;



  • Judgment 4050


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on him the disciplinary sanction of relegation in step.

    Judgment keywords

    Keywords:

    complaint dismissed; disciplinary measure; misconduct;



  • Judgment 4043


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Consideration 19

    Extract:

    As a general proposition, a provision of a staff rule or regulation founding a charge of misconduct should not be widely or liberally construed so as to capture conduct potentially at the very margins of the conduct proscribed by the rule or regulation. It should be construed only to capture conduct clearly within the boundaries of the rule or regulation.

    Keywords:

    misconduct;

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; misconduct; staff representative; termination of employment;



  • Judgment 4042


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade her for misconduct.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; downgrading; misconduct; staff representative;

    Consideration 16

    Extract:

    As a general proposition, a provision of a staff rule or regulation founding a charge of misconduct should not be widely or liberally construed so as to capture conduct potentially at the very margins of the conduct proscribed by the rule or regulation.

    Keywords:

    misconduct;

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Last updated: 07.03.2024 ^ top