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Judgment No. 87

Decision

1. The complaint is held to be well founded.
2. The rescinding of the decision impugned being inadvisable, compensation in the amount of five million Italian lire is awarded to Mr. Di Giuliomaria against the Food and Agriculture Organisation of the United Nations, for the injury caused to him.
3. The costs incurred by the complainant in connection with the present complaint are awarded against the Organisation and will be fixed by order of the President of the Tribunal.

Consideration 2

Extract:

As staff representative, the complainant had additional responsibilities and enjoyed "special rights. [...]. He also had special obligations, such as the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights by using methods or expressions incompatible with the decorum appropriate both to his status as a civil servant and to the functions entrusted to him by his colleagues."

Keywords

staff member's duties; staff representative; limits; right

Consideration 3

Extract:

"If the administrative authorities of [the organization] consider that an official has behaved improperly, they are normally required to follow the disciplinary procedure laid down by [the applicable text], which provides specific safeguards for the official concerned. Consequently, by reason of its severity and of the fact that no formalities are prescribed for its application summary dismissal must necessarily be an exceptional measure which can be allowed only under an express provision and in accordance with the terms of such provision."

Keywords

exception; staff regulations and rules; enforcement; provision; termination of employment; misconduct; serious misconduct; disciplinary procedure; safeguard

Consideration 2

Extract:

A staff representative has "the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights."

Keywords

staff member's duties; collective rights; staff representative; limits; right

Consideration 5

Extract:

The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.

Keywords

moral injury; proportionality; contract; permanent appointment; termination of employment; misconduct; serious misconduct; duty of discretion; summary dismissal; staff union activity; staff representative; material damages

Consideration 1

Extract:

"The complainant's counsel, after the close of the last public hearing, submitted ten documents which had not been communicated to the agent of the organization and upon which he therefore had no opportunity to comment. In conformity with the principle that each party shall be fully heard on all the evidence admitted, these documents were excluded from the dossier on which the Tribunal took its decision."

Keywords

receivability of the complaint; tribunal; time limit; disclosure of evidence; closure of written proceedings; adversarial proceedings; refusal

Consideration 4 (I)

Extract:

"In the light of the terms actually used by the complainant, it cannot be asserted that in presenting this demand he was refusing to follow the procedure legally applicable to relations with the staff; at the most he was challenging its effectiveness. Furthermore, without it being necessary to consider whether this demand in itself implied some lack of the proper discretion which the complainant was bound to observe towards the Director-General, the fact that he made it did not in any case amount to an act of insubordination or impertinence."

Keywords

duty of discretion; insubordination; staff claim; staff representative



 
Last updated: 25.08.2020 ^ top