Judgment No. 1796

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 28.01.1999
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

1. The Director-General's decision of 15 April 1997 is set aside.
2. The FAO shall pay the complainant 75,000 United States dollars in damages.
3. It shall pay him 20,000 French francs in costs.
4. His other claims are dismissed.

Consideration 14

Extract:

The statements by the representative [of the organization] and by the complainant are at odds and there is no irrefutable evidence before the Tribunal. The conclusion is that what was needed was a proper inquiry to see whether on the strength of reliable evidence the charges against him stood up.

Keywords

evidence; appraisal of evidence; inquiry; due process; misconduct; disciplinary measure; disciplinary procedure; judicial review; investigation

Consideration 15

Extract:

The complainant was reassigned because of his alleged poor attendance and time-keeping. "The [Organization's] treatment of him looks like punishment for conduct it disapproved of and for low output. So there should first have been due disciplinary process affording him full safeguards."

Keywords

right to reply; due process; organisation's duties; transfer; output; misconduct; unsatisfactory service; conduct; punctuality; disciplinary measure; disciplinary procedure; safeguard; official