Judgment No. 3126

• Organization: European Free Trade Association (EFTA)
• Date: 04.07.2012
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. EFTA shall pay the complainant moral damages in the amount of 500 euros.
2. It shall also pay him 500 euros in costs"
3. The Secretary-General shall delete all reference to "serious" misconduct and the failure to perform duties from any record of the termination of the complainant's appointment.
4. The complaint is otherwise dismissed.

Consideration 9

Extract:

In the proceedings before the Advisory Board and in these proceedings, the organization has raised matters in purported justification of the complainant’s dismissal that go beyond the grounds specified in the notice of dismissal.
"This is not permissible. To allow that course would seriously infringe on a staff member’s right to be heard before a disciplinary measure is imposed."

Keywords

procedure before the tribunal; grounds; advisory body; iloat; right to reply; organisation's duties; breach; termination of employment; notice; disciplinary measure; difference

Consideration 17

Extract:

"The rule against double jeopardy does not prevent disciplinary and non-disciplinary consequences attaching to the same acts or events. However, it does preclude the imposition of further disciplinary measures for acts or omissions that have already attracted a disciplinary sanction."

Keywords

individual decision; double jeopardy; organisation's duties; disciplinary measure; cause; consequence; definition

Judgment keywords

Keywords

complaint allowed; termination of employment; disciplinary procedure