Judgment No. 111
Decision
THE COMPLAINT IS DISMISSED.
Considerations 4-5
Extract:
The complainant made use of statements in the proceedings before the Tribunal "as tracts designed to discredit [the organisation] and the Administrative Tribunal." His actions could not have been directed to defending his freedom and rights. They were undoubtedly related to "activities exercised by [him] as an official of the organisation; as such they constituted serious misconduct and were consequently such as to justify the legal application of a disciplinary sanction [...] the free choice of the sanction to be imposed was within the Director-General's discretion."
Keywords
vexatious complaint; serious misconduct; duty of discretion; organisation's reputation; disciplinary measure; discretion
Consideration 1
Extract:
"It is a rule generally recognised by the courts that a complainant is not entitled to refer to the courts in a single complaint two or more different decisions having no connection with each other. In such a case, the court can examine the complaint only in respect of the first decision specified therein."
Keywords
complaint; receivability of the complaint; competence of tribunal
Consideration 3
Extract:
The Director General wrote to the complainant inviting him to give an explanation of behaviour which in his view could lead to a reprimand. The complainant submitted his explanations and the proposed sanction was applied. The complainant's contentions that "the aforesaid decision was taken in violation of his right to be heard and that the reasons for it were insufficient are therefore unfounded.
Keywords
right to reply; disciplinary measure; disciplinary procedure; reprimand
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