Judgment No. 511
Decision
THE COMPLAINT IS DISMISSED.
Summary
Extract:
The complaint, filed against a disciplinary measure (written censure), raised questions primarily of procedure. The Tribunal considered that, contrary to what the complainant maintained, the officers of the organisation rigorously complied with the procedural rules. It observed that the measure was imposed after the complainant had been invited to state her case, that her supervisors had not been remiss and that her right to a hearing had been respected. The complaint is dismissed.
Keywords
disciplinary measure; censure; procedural flaw
Consideration 4
Extract:
The complainant does not argue the merits. "She simply denies all the charges against her, without troubling to discuss them. The Tribunal will not make an investigation which she herself has neither made nor sought. It will take the charges as proved and observe that they justify the impugned decision, which is in any case fully warranted in the light of Judgment No. 512."
Reference(s)
Jugement(s) TAOIT: 512
Keywords
disciplinary measure; judicial review
Consideration 3
Extract:
There is no substance to the complainant's plea that her right to a hearing was ignored. Her right to reply in writing was recognised and confirmed on two occasions. The time limit, though short, was adequate: the complainant did not need a long time to answer the charges, which were nothing new. She could have had the time limit extended. "It is immaterial that she was asked to reply in writing and not orally. Unless there is a provision to the contrary, the right to a hearing does not denote any right to reply orally."
Keywords
oral proceedings; right to reply; disciplinary measure
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