Right to reply (184,-666)
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Keywords: Right to reply
Total judgments found: 142
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Judgment 10
2nd Session, 1951
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The whole procedure instituted preparatory to a decision being taken by the Director-General, and, in particular, the time limit of three months for the submission of the report [on work and official conduct] has been prescribed in the obvious interest of the probationer official, in order to enable him to avail himself in full safety and in good time of the means of defence and of appeal which may be open to him prior to the sovereign decision of the superior authority being taken."
Keywords:
internal appeal; probation report; probationary period; procedure before the tribunal; right to reply; staff member's interest;
Judgment 5
1st Session, 1947
International Institute of Intellectual Co-operation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the material provision only an official found "guilty" of misconduct may be dismissed. "[I]n order that an official may be considered as 'guilty', it is obviously necessary that he should be first informed in clear and precise terms of the grave charge against him and that he then have the possibility of defending himself before the competent authority before the latter takes its decision[.] [N]one of these conditions was fulfilled[.] [T]he [organisation] must therefore be charged with responsibility under this head".
Keywords:
decision; duty to substantiate decision; grounds; right to reply; serious misconduct; termination of employment;
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