ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Disciplinary body (911,-666)

You searched for:
Keywords: Disciplinary body
Total judgments found: 1

  • Judgment 1763


    85th Session, 1998
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 17

    Extract:

    The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[T]he Director of the Division of Personnel [...] was both the chairman of the Disciplinary Board and the head of the department conducting the initial investigation. That the Director of the Division of Personnel should be chairman of the Board is required by paragraph 13(a) of section 13, Part II, of the Agency's Administrative Manual and does not constitute a procedural flaw, but does give rise to a situation in which there is a grave danger of an actual breach of procedural fairness. That is what in fact occurred. As the chairman of the Disciplinary Board, the Director had to refrain from personal involvement in the investigation. He must not be both judge and policeman. That, however, is what happened on at least one occasion. [...] This constitutes a serious breach of due process. [...] As chairman of the Joint Disciplinary Board, the Director of the Division of Personnel had a duty to be and to appear to be impartial."

    Reference(s)

    Organization rules reference: PARAGRAPH 13(A) OF SECTION 13, PART II, OF IAEA'S ADMINISTRATIVE MANUAL

    Keywords:

    bias; conflict of interest; disciplinary body; disciplinary procedure; due process; inquiry; investigation; investigative body; procedural flaw;


 
Last updated: 15.09.2021 ^ top