Judgment No. 3649
The complaint is dismissed.
The complainant impugns the decision of the Director General of the IAEA to summarily dismiss him for serious misconduct.
misconduct; disciplinary procedure; complaint dismissed
As to being escorted from his office by three officers, by its very nature being escorted out of the workplace is a humiliating experience. However, there is no evidence that the officers engaged in any conduct that would exacerbate the humiliation.
[I]t is useful to reiterate the well settled case law that the burden of proof rests on an organization to prove the allegations of misconduct beyond a reasonable doubt before a disciplinary sanction is imposed. It is equally well settled that the “Tribunal will not engage in a determination as to whether the burden of proof has been met, instead, the Tribunal will review the evidence to determine whether a finding of guilt beyond a reasonable doubt could properly have been made” (see Judgment 2699, consideration 9).
ILOAT Judgment(s): 2699
evidence; burden of proof; misconduct; disciplinary measure; standard of proof; standard of proof in disciplinary procedure
When viewed together, the complainant’s actions show a continuum of serious misconduct compounded by his lack of candor during the course of the investigation. In the circumstances, the sanction imposed was not disproportionate.
[T]he complainant has not established any adverse consequences in terms of his ability to adequately respond stemming from the amount of time allocated to respond. It is also observed that he was granted an extension of time when requested and he was able to meet all the stipulated deadlines.
due process; misconduct; disciplinary procedure