Judgment No. 1061

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 29.01.1991
• Original: English
• Judges: Ducoux, Carroll, Douglas
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

"Freedom of speech must be protected particularly for officers of a staff association, so that they are not hampered in their task of representing the membership when in dispute with the administration. But there are limits on such freedom. A staff representative's public statements must not impair the dignity of the international civil service: indeed he is under a special obligation not to abuse his rights by using expressions or resorting to behaviour incompatible with the decorum appropriate to his status both as an international civil servant and as an elected staff representative." (Vide Judgments 87 and 911.)

Reference(s)

ILOAT Judgment(s): 87, 911

Keywords

staff member's duties; conduct; duty of discretion; freedom of speech; fitness for international civil service; staff union; staff representative

Consideration 4

Extract:

"In taking part in the radio interview the complainant was in direct breach of Rule 302.155. Staff representatives are not exempted from observance of the Rules by reason of holding office in the Union. [...] Such deliberate airing of staff grievances in public is conduct likely to jeopardize the reputation of the FAO and its staff. The conclusion is that the charge [of misconduct] is proven and warranted dismissal."

Reference(s)

Organization rules reference: FAO STAFF RULE 302.155

Keywords

termination of employment; misconduct; duty of discretion; freedom of speech; organisation's reputation; staff representative

Considerations 5 and 7

Extract:

The complainant submits that being a town councillor did not amount to misconduct. FAO Staff Regulation 301.017 provides: "Any staff member who becomes a candidate for a public office of a political character shall resign from the Organization." The reason for the rule is that an international civil servant, "though entitled to hold his own political views, must stand aloof from demonstrations of adherence to a political party. His holding of elective political office is misconduct as defined by the rules [...] and is sufficient reason for dismissal."

Reference(s)

Organization rules reference: FAO STAFF REGULATION 301.017

Keywords

termination of employment; misconduct; staff member's duties; freedom of conscience; political activity