Judgment No. 4460
1. The impugned decision dated 18 January 2019 is set aside.
2. The matter is remitted to IOM in order for the Director General to take a new decision on the complainantís appeal against the decision to discharge her.
The complainant challenges the decision to impose upon her the disciplinary measure of discharge after due notice.
complaint allowed; case sent back to organisation; disciplinary measure; discharge with notice
Inasmuch as the complainant challenges a disciplinary decision, it is recalled that consistent precedent has it that such decisions are within the discretionary authority of the executive head of an international organisation and are subject to limited review. The Tribunal must determine whether a decision taken by virtue of a discretionary authority was taken with authority, is in regular form, whether the correct procedure has been followed and, as regards its legality under the organisationís own rules, whether the Administrationís decision was based on an error of law or fact, or whether essential facts have not been taken into consideration, or again, whether conclusions which are clearly false have been drawn from the documents in the dossier, or finally, whether there has been a misuse of authority (see, for example, Judgment 3297, consideration 8).
ILOAT Judgment(s): 3297
disciplinary measure; discretion; role of the tribunal