Judgment No. 3852

• Organization: Organisation for the Prohibition of Chemical Weapons (OPCW)
• Date: 28.06.2017
• Original: Anglais
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant impugns the decision to summarily dismiss her for serious misconduct.

Judgment keywords

Keywords

termination of employment; misconduct; disciplinary measure; complaint dismissed

Consideration 8

Extract:

[T]he Tribunal notes that the evidence against [the complainant] has been proven beyond a reasonable doubt and no admission of guilt is necessary for a finding of guilt.

Keywords

burden of proof; disciplinary measure

Consideration 9

Extract:

The Tribunal finds the claim that information was illegally collected from the complainant’s electronic devices to be unfounded. The electronic devices, which were inspected, were her work computer and the work scanner for her department. These devices are the property of the OPCW and the complainant had to acknowledge a disclaimer prior to logging in to her work computer.

Keywords

evidence

Consideration 13

Extract:

The Tribunal concludes that, based on the evidence, the Director-General could properly determine that the misconduct was proven beyond a reasonable doubt. He therefore properly exercised his discretion to dismiss the complainant summarily, as he did.

Keywords

burden of proof; termination of employment; disciplinary measure; discretion