Judgment No. 512
THE COMPLAINT IS DISMISSED.
According to Judgment No. 247, "to bring insubordination within the concept of unsatisfactory service - and to with hold an increment on that account - two conditions must be fulfilled. The positive condition is that it must be established that the insubordination did in the particular case affect the quality of the officer's service. The negative condition is that the insubordination must not in the particular case give rise to a dispute."
Jugement(s) TAOIT: 247
increment withheld; unsatisfactory service; insubordination; condition
The staff member concerned must have had a chance to put forward his objections in disciplinary proceedings. "The complainant had every opportunity to state her case in the disciplinary proceedings, and there is therefore no reason why the insubordination of which she was found guilty should not be treated as affording grounds for reporting her service as unsatisfactory and with holding her increment."
right to reply; disciplinary measure; disciplinary procedure