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Judgment No. 2396


The complaint and the UPU's counterclaim are dismissed.

Consideration 4


"Any administrative or disciplinary body of an organisation which consults a third party to obtain information concerning the professional behaviour of one of its staff members must naturally avoid impairing the latter's dignity and reputation. In the first place, it absolutely must ensure that the presumption of his innocence is maintained, and if its action is such as to breach the presumption of innocence or the fundamental rights of the staff member, making that action confidential is of no avail."


moral injury; confidential evidence; communication to third party; presumption of innocence; organisation's duties; respect for dignity; breach; qualifications; disciplinary procedure; executive body; right; official

Last updated: 13.08.2020 ^ top