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Disciplinary charges (912,-666)

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Keywords: Disciplinary charges
Total judgments found: 3

  • Judgment 2773


    106th Session, 2009
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "While internal investigative reports cannot be the sole basis for disciplinary action against a staff member, they may nevertheless serve as a basis for initiating disciplinary proceedings if they yield indications of irregularities justifying this (see, in this respect, Judgment 2365, under 5(e)). When the organisation concerned initiates proceedings in the light of such reports, it is not itself obliged to repeat all the investigations recorded in these documents, but must simply ensure that the person in question is given the opportunity to reply to the findings they contain so as to respect the rights of defence."

    Reference(s)

    ILOAT Judgment(s): 2365

    Keywords:

    adversarial proceedings; disciplinary charges; disciplinary procedure; evidence; inquiry; investigation; investigation report; right to reply;



  • Judgment 2365


    97th Session, 2004
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(e)

    Extract:

    [The complainant] has misunderstood the internal nature of the investigative report. Since the latter was requested and produced as part of an internal audit, it cannot on its own serve as conclusive evidence against a staff member. On the other hand, it may yield indications of irregularities justifying the initiation of a disciplinary procedure, in the course of which the person charged must be allowed all admissible means of defence. The Director-General did not abuse his discretionary authority by considering that the investigative report contained indications which merited further scrutiny in the context of a disciplinary procedure, even on the assumption that he had been unable to study the report in full himself.

    Keywords:

    disciplinary charges; inquiry; investigation; investigation report;



  • Judgment 2261


    95th Session, 2003
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    There is no substance to the allegation of failure of due process. In particular, the mission report which gave the Organization information on which to base the decision to charge him, was a preliminary investigative tool and the complainant had no right to review its contents prior to the decision being made that the disciplinary procedure should be started. Once that procedure was under way, the complainant was given ample communication of the case against him and was afforded full opportunity to answer and make his defence. It was no breach of the principle of good faith for the Organization to ask the complainant for a statement of his activities and subsequently to use such statement, which was entirely exculpatory, as evidence of his deliberate attempt to mislead the investigation, which it manifestly was.

    Keywords:

    adversarial proceedings; disciplinary charges; due process in disciplinary procedure; inquiry; investigation; investigation report;


 
Last updated: 22.09.2021 ^ top