Judgment No. 3496
The complaint is dismissed.
The complainant challenges the lawfulness of his suspension and the reprimand that he subsequently received.
disciplinary measure; suspension; complaint dismissed
"Since this precautionary measure [suspension] imposes a constraint on the staff member, it must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. This decision is a matter of discretion and is subject therefore to only limited review by the Tribunal, that is to say, if it was taken without authority or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see, for example, Judgment 2365, under 4(a))."
Jugement(s) TAOIT: 2365
"As the disputed reprimand has [...] been withdrawn, the complaint is moot and hence irreceivable insofar as it seeks the quashing of that disciplinary measure."
no cause of action
Article 95, paragraph 2, of the General Conditions of Employment provides that individual provisions for giving effect to these General Conditions of Employment are to be decided either by the Director General or, by delegation of powers, by the official(s) responsible for staff management.