Judgment No. 513
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
"The facts which led to the complainant's dismissal [embezzlement] may be correctly treated as misconduct. Although not committed in his official capacity, his act came within the ambit of [the staff rule on dismissal for misconduct,] which is to be construed in the light of [...] 'standards of efficiency, competence and integrity' expected of a staff member."
Keywords
termination of employment; serious misconduct; fitness for international civil service
Considerations
Extract:
The complainant seeks the quashing of the decisions of the Internal Board of Appeal and the Director-General to reject his appeal in accordance with the Board's recommendation. Only the latter decision, the final one, which is in accordance with Article VII of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords
decision; internal appeals body; recommendation; report; competence of tribunal; iloat statute; application for quashing
Considerations
Extract:
To satisfy the rule on dismissal for misconduct, "it is not necessary for the organization to prove that the conduct of the staff member has actually brought the organization into public discredit. The section in which the rule appears is headed 'standards of conduct for staff members' and is concerned with the standards with which the staff member must comply irrespective of whether his non-compliance with them is or is not publicly known."
Keywords
enforcement; provision; termination of employment; serious misconduct; conduct; organisation's reputation
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