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Summary dismissal (512,-666)
You searched for:
Keywords: Summary dismissal
Total judgments found: 43
1, 2, 3 | next >
Judgment 4660
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decision to dismiss him summarily without indemnities on disciplinary grounds.
Judgment keywords
Keywords:
complaint allowed; disciplinary procedure; summary dismissal;
Judgment 4659
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; summary dismissal;
Judgment 4601
135th Session, 2023
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him after an internal complaint of harassment was made against him.
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; harassment; summary dismissal;
Judgment 4497
134th Session, 2022
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss him for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; misconduct; summary dismissal;
Judgment 4491
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her with immediate effect for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; family allowance; misconduct; reinstatement; summary dismissal;
Judgment 4461
133rd Session, 2022
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director General’s decision to summarily dismiss him.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; summary dismissal;
Judgment 4457
133rd Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him.
Consideration 27
Extract:
The penalty of summary dismissal also caused the complainant obvious moral injury since it seriously damaged his honour and reputation of itself.
Keywords:
moral injury; summary dismissal;
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; summary dismissal;
Consideration 26
Extract:
As regards material injury, the Tribunal observes that, from November 2016, the complainant was deprived of the remuneration he would ordinarily have received until the end of the contract in force at the time of his summary dismissal, which expired on 31 December 2017, and that he also lost a valuable opportunity to have his appointment subsequently renewed, given that his 26 years’ seniority with UNESCO meant that he could arguably have been expected to continue his career there until he retired.
Keywords:
material injury; summary dismissal;
Judgment 4456
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss her for misconduct.
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; summary dismissal;
Consideration 20
Extract:
In its pleas, UNWTO did not come to grips with any of the specifics of the complainant’s claims for material damages. The amounts are potentially significant. It is desirable the Tribunal has the benefit of as full an account from the complainant as possible of the amounts claimed and their justification, and submissions from the Organization responding, in detail, to each element of the claim for material damages and the quantification of the amount claimed. An order will be made to facilitate this process.
Keywords:
material injury; summary dismissal;
Consideration 21
Extract:
The complainant is entitled to moral damages for the undoubted trauma and associated distress arising from and associated with her unlawful summary dismissal after 27 years of service at UNWTO and the consequential need for her to relocate to Mexico.
Keywords:
moral injury; summary dismissal;
Consideration 15
Extract:
In one of the Tribunal’s earlier reported cases, Judgment 203 at consideration 2, the principle of proportionality was discussed in the context of the imposition of the disciplinary sanction of summary dismissal. The Tribunal noted that the imposition of the disciplinary sanction of discharge or summary dismissal could cause serious harm to the staff member and her or his family. The Tribunal observed that it was necessary for the penalty to be proportionate to the fault and that, in that case, the complainant’s misconduct could not be evaluated without taking into account the extenuating circumstances.
Reference(s)
ILOAT Judgment(s): 203
Keywords:
disciplinary measure; proportionality; summary dismissal;
Considerations 16-17
Extract:
The failure of the complainant to discharge her duties in the manner specified in the charges had to be viewed in the context of the chief executive officer of the Organization, Mr R., knowing mostly how those duties were being performed, approving of how those duties were being performed and, at least in some respects, having instructed the complainant to perform them.
[…] The failure of the Secretary-General to pay any regard to Mr R.’s evidence was a serious flaw in the decision to summarily dismiss the complainant. That decision should be set aside.
Keywords:
mitigating circumstances; proportionality; summary dismissal;
Judgment 4453
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss him.
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; summary dismissal;
Consideration 14
Extract:
In one of the Tribunal’s earlier reported cases, Judgment 203 at consideration 2, the principle of proportionality was discussed in the context of the imposition of the disciplinary sanction of summary dismissal. The Tribunal noted that the imposition of the disciplinary sanction of discharge or summary dismissal could cause serious harm to the staff member and her or his family. The Tribunal observed that it was necessary for the penalty to be proportionate to the fault and that, in that case, the complainant’s misconduct could not be evaluated without taking into account the extenuating circumstances.
Reference(s)
ILOAT Judgment(s): 203
Keywords:
disciplinary measure; mitigating circumstances; proportionality; summary dismissal;
Judgment 4444
133rd Session, 2022
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to dismiss him on disciplinary grounds.
Consideration 12
Extract:
Given the preponderance of the evidence, including the complainant’s own admissions, the serious nature of his misconduct, as well as the fact that in March 2014 and prior to the commencement of the investigation in November 2014, the complainant was the subject of a written reprimand for improperly adding the spouse of a government official to a recruitment short-list, his contention that dismissal was a disproportionate measure is unfounded.
Keywords:
disciplinary measure; proportionality; summary dismissal;
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; summary dismissal;
Judgment 4362
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her summary dismissal for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; summary dismissal;
Judgment 4360
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her summary dismissal for serious misconduct.
Judgment keywords
Keywords:
complaint dismissed; misconduct; summary dismissal;
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;
Consideration 15
Extract:
The unlawfulness of the procedure which led to the complainant’s summary dismissal and its excessive length caused moral injury to the complainant, who was suspended without salary and remained uncertain as to his professional situation for an unacceptably long time.
Keywords:
moral injury; summary dismissal; suspension;
Judgment 3757
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him summarily.
Judgment keywords
Keywords:
complaint dismissed; summary dismissal;
Judgment 3640
122nd Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measure of his summary dismissal in the wake of a sexual harassment complaint filed against him by one of his colleagues.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; en banc review; plenary judgment; sexual harassment; summary dismissal;
Considerations 29-31
Extract:
The disciplinary authority within an international organisation has a discretion to choose the disciplinary measure imposed on an official for misconduct. However, its decision must always respect the principle of proportionality which applies in this area.
In the present case, the Tribunal considers that the acts of sexual harassment of which the complainant was accused are undeniably serious on account of their nature and their repetition. Moreover, it is clear from the evidence in the file that their gravity is exacerbated by two particular circumstances which must be emphasised here. First, it appears from the investigation report, inter alia, that many of the persons subjected by the complainant to the unwelcome behaviour in question were young women who did not hold a permanent appointment and who were therefore in a precarious situation which made it difficult for them to protest, let alone report it, especially as the complainant often had the power to influence the progress of their career. Secondly, it is plain from the file that, [...] after protests from several of his colleagues, the complainant had received various warnings about the inappropriate nature of his conduct. Thus, even assuming that the complainant had not instinctively realised it, he could not thereafter have been unaware that his behaviour towards the women who had to work alongside him was perceived by them to be improper, offensive and extremely unpleasant. This did not, however, prevent him from repeating his reprehensible conduct on many occasions, since further incidents occurred [...].
Having regard to these various considerations, and even though the complainant’s record of service with the Organization was otherwise excellent, the Tribunal finds that, in this case, the Director-General did not adopt a disproportionate disciplinary measure when she decided on the complainant’s summary dismissal for serious misconduct.
Keywords:
disciplinary measure; proportionality; sexual harassment; summary dismissal;
Judgment 3602
121st Session, 2016
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former employee of the WTO, contests the Director-General’s decision to summarily dismiss him for serious misconduct.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; misconduct; summary dismissal;
Judgment 3581
121st Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct.
Judgment keywords
Keywords:
complaint dismissed; disciplinary measure; misconduct; summary dismissal;
Judgment 3578
121st Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him for serious misconduct.
Judgment keywords
Keywords:
complaint dismissed; misconduct; summary dismissal;
Judgment 3295
116th Session, 2014
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.
Consideration 16
Extract:
"In Judgment 2944, under 50, the Tribunal described the test for proportionality as the disciplinary measure must not be “manifestly out of proportion” to the misconduct. In this case, the Tribunal observes the seriousness of the complainant’s actions. He misused PAHO’s resources and immunity in a fashion that was deliberate and careless; he risked PAHO’s reputation and its relationship with the government of Venezuela; he breached his duty of loyalty to PAHO; and his conduct was incompatible with the performance of his duties as PAHO Country Representative in Venezuela. In these circumstances, it cannot be said that summary dismissal was disproportionate to the misconduct."
Reference(s)
ILOAT Judgment(s): 2944
Keywords:
case law; disciplinary measure; disciplinary procedure; discretion; general principle; misconduct; official; proportionality; serious misconduct; staff member's duties; summary dismissal;
Consideration 11
Extract:
"The complainant also takes the position that PAHO failed to give him a warning or the opportunity to correct the situation prior to bringing disciplinary action. In Judgment 1661, under 3, the Tribunal framed an organisation’s obligations in the following terms: “Before an organisation imposes a disciplinary penalty such as dismissal it must warn the staff member and give him the opportunity not only of stating his own case but also of refuting the organisation’s: in other words, there must be due process. So he must be told of the charges and of the evidence against him. If the proceedings are to be properly adversarial, he must be free to give his own version of the facts, refute that evidence, adduce his own, take part in the discussion of it, and at least once crossquestion the expert and other witnesses. See, for example, Judgments 512 […] under 5; 907 […] under 4; 999 […] under 5; 1082 […] under 18; 1133 […] under 7; 1212 […] under 3; 1228 […] under 4; 1251 […] under 8; 1384 […] under 5, 10 and 15; 1395 […] under 6; 1484 […] under 7 and 8.”"
Reference(s)
ILOAT Judgment(s): 512, 907, 999, 1082, 1133, 1212, 1228, 1251, 1384, 1395, 1484, 1661
Keywords:
case law; disciplinary measure; disciplinary procedure; due process; inquiry; investigation; misconduct; organisation's duties; right to reply; summary dismissal; termination of employment;
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