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Judgment No. 4364

Decision

The complaint is dismissed.

Summary

The complainant contests the decision to impose on him the disciplinary measure of dismissal for misconduct.

Judgment keywords

Keywords

termination of employment; misconduct; complaint dismissed

Consideration 10

Extract:

It has been clearly established in the Tribunal’s case law that misconduct must be proven “beyond a reasonable doubt” (see, for example, Judgments 4247, consideration 12, 4227, consideration 6, and 4106, consideration 11, as well as the case law cited therein).

Reference(s)

Jugement(s) TAOIT: 4106, 4227, 4247

Keywords

misconduct; standard of proof; beyond reasonable doubt

Consideration 10

Extract:

In Judgment 4227, consideration 6, the Tribunal said: “The role of the Tribunal in a case such as the present, in relation to the question of whether the alleged conduct took place, was summarised in Judgment 3862, consideration 20. According to the well-settled case law of the Tribunal, the burden of proof rests on an organisation to prove allegations of misconduct beyond a reasonable doubt before a disciplinary sanction can be imposed (see, for example, Judgment 3649, consideration 14). It is equally well settled that the ‘Tribunal will not engage in a determination as to whether the burden of proof has been met, instead, the Tribunal will review the evidence to determine whether a finding of guilt beyond a reasonable doubt could properly have been made by the primary trier of fact’ (see Judgment 2699, consideration 9).” Also, in Judgment 4247, consideration 12, in response to a similar argument made by the complainant in that case, the Tribunal said: “It is clear that the facts underlying the charge of misconduct are uncontroverted. The reference by the Director General to the ‘clear and convincing evidence standard’ does not detract from the fact that, in substance, the standard of beyond a reasonable doubt was met. As the assertion that [the Organization] failed to prove the complainant’s misconduct beyond a reasonable doubt is unfounded, it is rejected.” In the present case, even though the Disciplinary Committee did not expressly use the term “beyond a reasonable doubt”, the Tribunal finds that the complainant’s misconduct was in fact proven to that standard.

Reference(s)

Jugement(s) TAOIT: 2699, 3649, 3862, 4227, 4247

Keywords

misconduct; beyond reasonable doubt; role of the tribunal



 
Dernière mise à jour: 09.06.2021 ^ haut