Judgment No. 410
Decision
It is ordered that
1. the decision of 31 May 1978 to reprimand the complainant under Staff Rule 1110.1.2 be quashed; and
2. the other complaints be dismissed.
Consideration 9
Extract:
The Tribunal quashed the decision to reprimand the complainant because it was not based on a complete consideration of the facts. "The complainant asks for an order for compensation and costs. Since however the Tribunal considers that the complainant's conduct, whether or not deserving of a reprimand, was improper, such an order would not be appropriate."
Keywords
no award of costs; conduct; disciplinary measure; censure; disregard of essential fact
Consideration 7
Extract:
The complainant was issued a reprimand without it being ascertained what explanation or excuse he might have to give. It is not possible to ignore the alleged misconduct of the Regional Director. "The Director-General must be allowed the widest possible discretion in deciding how to handle incidents of this sort. If he had decided against any formal disciplinary proceedings against either of the parties, his decision would have beyond criticism. But a decision to reprimand one party while leaving the case against the other unconsidered is open to question."
Keywords
adversarial proceedings; right to reply; disciplinary measure; censure; disciplinary procedure; flaw
Consideration 6
Extract:
"An incident of this sort between a P.6 officer and a regional director does not just explain itself [...]. It was essential for the Director-General to ascertain what explanation or excuse the complainant had to give. It cannot be said that it would inevitably have been unacceptable, since the [Appeals] Board, which characterised the complainant's conduct as 'not proper', none the less recommended that the reprimand should be withdrawn."
Keywords
inquiry; organisation's duties; conduct; disciplinary measure; censure; investigation
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