Judgment No. 540
THE COMPLAINT IS DISMISSED.
Staff Rules impose a duty on the organization to provide a staff member with clear and precise information on all charges of which he is accused. In particular the complainant should have been informed of the period during which the WHO alleges he submitted medical and education grant claims supported by forged or false documents. "It is not difficult to conceive of cases in which such an omission would constitute an irreparable flaw in the procedure laid down". In the particular circumstances of this case, the Tribunal did not find that there had been a breach of the Rules.
duty to substantiate decision; misrepresentation; education expenses; termination of employment; serious misconduct; refund; request by a party; medical expenses
"Even assuming that [the rule which imposes on the Organization a duty to provide clear and precise information on the charges] was not fully complied with, the evidence which emerged before the Regional Board was so overwhelming that it cannot be said that there has been any miscarriage of justice."
duty to substantiate decision; exception; evidence; termination of employment; serious misconduct