Judgment No. 89
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
The charges against the complainant warranted the Director-General's decision to initiate disciplinary proceedings. In offering him the choice between resignation and appearing before the Joint Committee, the Director-General acted freely and out of good-will. "It was open to the complainant, if he so desired, to defend himself against the charges preferred against him. The choice that lay before him was therefore entirely free."
Keywords
right to reply; resignation; misconduct; disciplinary measure; disciplinary procedure; executive head; lack of consent; proposal; subsidiary
Consideration 1
Extract:
The complainant contends that "undue influence was brought to bear upon him to secure his resignation, thus implying infringement by the Director-General of a general rule of law which is equally applicable to the international civil service. On this reasoning, the present complaint is among those that the Tribunal is competent to hear."
Keywords
competence of tribunal; international civil service principles; resignation; lack of consent
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