Judgment No. 2913

• Organization: World Health Organization (WHO)
• Date: 08.07.2010
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 7

Extract:

WHO requests the joinder of two complaints.
"The Tribunal finds that the two complaints were filed by two different staff members against two decisions which, although they bear the same date and are couched in almost identical terms, concern these staff members individually. Having regard in particular to the fact that the complaints are directed against disciplinary measures, the Tribunal considers that it must refuse the request for joinder (see Judgment 2343, under 5)."

Reference(s)

ILOAT Judgment(s): 2343

Keywords

complaint; individual decision; joinder; identical facts; complainant; exception; disciplinary measure; date; difference; request by a party

Consideration 9

Extract:

"[I]n the event of disciplinary measures, the staff member concerned enjoys a presumption of innocence and [...], in accordance with the principle in dubio pro reo, he or she must be given the benefit of the doubt (see in particular Judgment 2351, under 7(b)). The burden of proof lies with the Organization which intends to take disciplinary action against a staff member."

Reference(s)

ILOAT Judgment(s): 2351

Keywords

burden of proof; presumption of innocence; general principle; benefit of doubt; organisation's duties; disciplinary measure; in dubio pro reo