Judgment No. 4359
The complaint is dismissed.
The complainant challenges the decision to suspend her pending the outcome of a disciplinary procedure.
disciplinary procedure; suspension; complaint dismissed
[T]he Tribunal has long recognised that the principle of equal treatment cannot be invoked to protect misconduct (see Judgment 3575, consideration 5, and the cases cited therein). By parity of reasoning, it cannot be invoked in relation to suspension during investigation of misconduct.
ILOAT Judgment(s): 3575
equal treatment; misconduct
Judgment 3863, consideration 13, clearly establishes that suspension can take place at the outset and can occur before the investigation of the allegations and there is no violation of due process rights for this to occur (see also Judgments 3502, consideration 17, and 3138, consideration 10).
ILOAT Judgment(s): 3138, 3502, 3863