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Judgment No. 3725

Decision

The complaint is dismissed.

Summary

The complainant challenges the disciplinary measures imposed on him following an investigation into alleged misconduct.

Judgment keywords

Keywords

misconduct; disciplinary measure; complaint dismissed

Consideration 7

Extract:

UNIDO raises receivability as a threshold issue contending that since the complainant sought the removal of adverse material from his personnel file for the first time in the present complaint, this request is irreceivable because he did not exhaust the internal means of redress in relation to it as required by Article VII, paragraph 1, of the Tribunalís Statute.
The Tribunal rejects this contention as this is an additional request for a remedy arising from existing claims and not a new claim.

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute

Keywords

new claim; personal file

Consideration 7

Extract:

UNIDO also notes that the complainant expanded the quantum of his claim for damages on his earlier claims and goes further in the rejoinder to introduce new claims of constructive dismissal. UNIDO submits that these are irreceivable and that the claims for damages should only be admitted to the extent of the earlier amounts which the complainant had sought.
The Tribunal has consistently stated that a new claim which is raised in a rejoinder is irreceivable.

Keywords

new claim; damages; rejoinder

Consideration 14

Extract:

IOS is a fact-finding investigative body. Its task is to collect, collate and analyse information objectively, impartially, fairly and with the highest degree of integrity and to determine thereupon whether there is sufficient information to substantiate a complaint on a balance of probabilities, examining both inculpatory and exculpatory information.

Keywords

evidence; inquiry; investigation

Consideration 15

Extract:

It is well established in the case law that where misconduct is denied, the burden falls upon the Organization to prove misconduct beyond a reasonable doubt and the staff member is to be given the benefit of the doubt (see, for example, Judgment 2879, under 11).

Reference(s)

ILOAT Judgment(s): 2879

Keywords

burden of proof; misconduct; disciplinary measure

Consideration 17

Extract:

[P]ursuant to Administrative Circular 87, the task of the JDC is to determine whether the facts and conclusions of IOS provide sufficient bases of proof of misconduct beyond a reasonable doubt, and, in that way safeguards a staff memberís right to due process as it provides a forum in which the staff member may defend herself or himself and test the evidence provided by IOS against the standard of proof beyond a reasonable doubt.

Keywords

evidence; due process; disciplinary measure

Consideration 23

Extract:

The principle concerning the need for the Director-General to motivate the impugned decision requires this to be done where the recommendations of the JAB are not accepted.

Keywords

motivation



 
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