Judgment No. 3888
The complaints are dismissed.
The complainant challenges the decision to dismiss her with immediate effect for misconduct.
misconduct; disciplinary procedure; complaint dismissed
The complainant has requested oral hearings. The Tribunal is satisfied that the complaint can be fairly and appropriately determined by reference to the written material filed by the parties. Accordingly, no order is made for an oral hearing.
The complainant objects to two deputy members participating in the disciplinary proceedings in place of two members who were not available for the rescheduled hearing date. The Tribunal notes that the complainant was notified on 3 February 2014 of the composition of the Disciplinary Committee, including of the names of the Chairman, the four members, and the four deputy members. She had five days from that notification to object to any of the members or deputy members in accordance with Article 98(5) of the Service Regulations, which provides, in relevant part, that “[w]ithin five days of the drawing of lots for forming the Disciplinary Committee, the employee concerned may make objection in respect of any of its members other than the Chairman”. As she did not object to the deputy members at that time, she was time-barred from objecting to their participation at the later date when she was informed that they would attend the hearing in place of the two unavailable members.
due process; disciplinary procedure; composition of the internal appeals body