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Judgment No. 210

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 11 AUGUST 1971 IS QUASHED INSOFAR AS IT CONFIRMS THE REGIONAL DIRECTOR'S DECISION TO DISMISS THE COMPLAINANT FOR MISCONDUCT.
2. THE DIRECTOR-GENERAL'S DECISION IS CONFIRMED INSOFAR AS IT GRANTS TO THE COMPLAINANT PAYMENT OF THREE MONTHS' SALARY AND ALLOWANCES.

Summary

Extract:

The Tribunal holds that the four crucial representations were false; the complainant bore responsibility for the four misrepresentations and they could have had serious consequences for relations between the organization and the government, all of which constitutes misconduct. But the complainant's motives were not corrupt and his previous record was satisfactory. Account should have been taken of attenuating circumstances. Summary dismissal was out of all proportion to the degree of misbehaviour.

Keywords

misrepresentation; proportionality; contract; fixed-term; termination of employment; mitigating circumstances; serious misconduct; duty of discretion; summary dismissal

Consideration 5

Extract:

"The ignominy of summary dismissal and its effect upon the complainant's prospects are heavy additions to the consequences that inevitably flow from the termination of employment".

Keywords

moral injury; professional injury; summary dismissal

Consideration 4

Extract:

The Staff Rules provide for a range of penalties and "the principle of proportionality will ensure that extreme penalties, such as summary dismissal, are applied only to the gravest cases."

Keywords

proportionality; termination of employment; serious misconduct; disciplinary measure; safeguard

Consideration 5

Extract:

The question is whether the sanction imposed "gives adequate weight, not only to the nature of the misconduct taken by itself, but [also] to the extent to which in the circumstances of this case the complainant should be held to blame. In this connection there are mitigating factors which [...] the Director-General [does] not appear to have taken into account.

Keywords

proportionality; termination of employment; mitigating circumstances; serious misconduct; disciplinary measure



 
Last updated: 25.08.2020 ^ top