ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Hidden disciplinary measure (510,-666)

You searched for:
Keywords: Hidden disciplinary measure
Total judgments found: 27

< previous | 1, 2



  • Judgment 757


    59th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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; complaint allowed; decision quashed; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;



  • Judgment 566


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.

    Reference(s)

    Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS

    Keywords:

    breach; complaint allowed; decision quashed; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;



  • Judgment 494


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Director was being extremely critical of the activities of the Staff Committee, considering it as an unrepresentative minority of the staff association [...]. The suggestion made by the complainant that the transfer was designed to impede her activities as vice-chairperson by removing her from headquarters and to punish her for the Committee's attitude is therefore one which must be seriously examined. [...] Even if it were to be assumed that the Director was in general pursuing a policy of handicapping or penalising staff activities, he did not in this case carry it through [...]. There is no evidence of any personal hostility [...]. The transfer was a transfer of a programme rather than of a person."

    Keywords:

    bias; evidence; hidden disciplinary measure; lack of evidence; reorganisation; staff representative; staff union activity; transfer;



  • Judgment 447


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    there had been tension between the director and the staff association. the complainant, a member of the association, was transferred against her wishes. she insists that she was the victim of a disguised disciplinary sanction: she was transferred hastily and over her objections. but the transfer was part of a general plan which had been drawn up much earlier. there is nothing to suggest that its intention was to mask a sanction. the complainant was not especially active in the staff association. there being uncertainty about the real grounds for the impugned decision, the tribunal will not regard as proved her allegation of a breach of the right of association.

    Keywords:

    evidence; freedom of association; hidden disciplinary measure; lack of evidence; staff representative; staff union; staff union activity; transfer;



  • Judgment 396


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the complainant contends that the decision to terminate his appointment was a covert disciplinary measure taken in disregard of the prescribed procedure: he alleges abuse of authority and procedural irregularity. "there is no document in the dossier which makes or even implies any charge of unsatisfactory conduct. [...] the shortcomings imputed to [the complainant] bear no taint of misconduct such as would have warranted disciplinary action."

    Keywords:

    hidden disciplinary measure; lack of evidence; probationary period; termination;



  • Judgment 354


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In deciding whether or not to extend a staff member's appointment the Director-General must take account of all the facts in the file of the person concerned. Where the latter has been subject to a disciplinary sanction, that must be weighed against other facts in the staff member's favour in order to reach a decision in the organisation's interests alone. It is lawful, save in exceptional circumstances, to take into account a disciplinary sanction. To impose a covert disciplinary sanction would be unlawful.

    Keywords:

    contract; disciplinary measure; fixed-term; hidden disciplinary measure; non-renewal of contract; organisation's interest;

    Consideration 3

    Extract:

    A "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."

    Keywords:

    disciplinary measure; evidence; hidden disciplinary measure; misuse of authority;



  • Judgment 136


    22nd Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was suspended from his duties on the ground that he allegedly misused office facilities to spread unfounded allegations. "This suspension does not fall within any of the cases [covered by the Staff Regulations] and, in the particular circumstances of the case, is in fact a disciplinary measure. The organization has therefore committed a breach of contract by suspending [the] complainant otherwise than in accordance with the Staff Regulations".

    Keywords:

    breach; disciplinary measure; disciplinary procedure; duty of discretion; hidden disciplinary measure; misconduct; provision; staff regulations and rules; suspension;

< previous | 1, 2


 
Last updated: 09.04.2020 ^ top