Judgment No. 2231
Decision
The complaint is dismissed.
Considerations 6-7
Extract:
As far as concerns the proportionality of the penalty imposed, the case law of the Tribunal cited in the impugned decision supports even the penalty of dismissal for the offence of theft. Likewise, in Judgment 1828, the complainant was dismissed for having submitted a fraudulent travel expenses claim. The Tribunal dismissed the complaint and held that: "Even though the amount at stake was not large, an intent to defraud the Organization is a most serious offence. The Organization may expect the highest standards of integrity from its staff; it could not possibly just overlook the fraud; and there was nothing disproportionate about dismissing [the complainant] for the misconduct she had committed."
The demotion imposed on the complainant, with its accompanying transfer and the loss of commissary privileges, was not disproportionate. Her allegation that she is currently not given any work to do is devoid of any supporting detail.
Reference(s)
ILOAT Judgment(s): 1828
Keywords
proportionality; disciplinary measure
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