Judgment No. 1188
1. The Tribunal orders further submissions as set out in consideration 7.
2. The Union shall pay the complainant 1,000 Swiss francs.
After the Director-General imposed a disciplinary sanction on the complainant he lodged an internal appeal. Rule 110.4.3 of the Staff Rules says that "the deliberations and reports of the Disciplinary Committee and its recommendations to the Director- General shall be confidential". The material issue is "whether the full text of the Disciplinary Committee's report, and not just the text of its recommendation, was disclosed to the Joint Appeals Committee. If it was, the Union should have let the complainant too have a copy and, failing that, there was a procedural flaw in that there was breach of his right of defence."
Organization rules reference: UPU STAFF RULE 110.4.3
procedure before the tribunal; internal appeals body; internal appeal; recommendation; report; interlocutory order; confidential evidence; disclosure of evidence; further submissions; right to reply; staff regulations and rules; disciplinary measure; disciplinary procedure; procedural flaw
"An item that formed part of the internal appeal proceedings should be at the Tribunal's disposal since it cannot otherwise appraise the background to the impugned decision and determine whether it shows any flaw. Further submissions are therefore required to complete the case records."
procedure before the tribunal; decision; internal appeals body; internal appeal; recommendation; report; interlocutory order; disclosure of evidence; further submissions; flaw