Judgment No. 2699
The complaint is dismissed.
"The case law makes it clear that when rejecting a recommendation of an internal appeals body that favours a complainant, the final decision-maker must give clear and cogent reasons for such a decision (see Judgments 2092, 2261, 2347 and 2355)."
Jugement(s) TAOIT: 2092, 2261, 2347, 2355
decision; duty to substantiate decision; grounds; internal appeals body; recommendation; case law; executive head; refusal; impugned decision
The complainant [...] argues that other staff members who have committed similar acts to those in his case have not been subjected to the same level of disciplinary sanction. He bases this argument on an anonymous note he received by post regarding financial misconduct on the part of two other employees. Given the unreliable nature of the evidence on which the claim of unequal treatment is based, this argument will not be addressed.
misconduct; unequal treatment