Grounds (34,-666)

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• Judgment 5

  
  1st Session, 1947
  International Institute of Intellectual Co-operation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Under the material provision only an official found "guilty" of misconduct may be dismissed. "[I]n order that an official may be considered as 'guilty', it is obviously necessary that he should be first informed in clear and precise terms of the grave charge against him and that he then have the possibility of defending himself before the competent authority before the latter takes its decision[.] [N]one of these conditions was fulfilled[.] [T]he [organisation] must therefore be charged with responsibility under this head".

  Keywords:

  decision; duty to substantiate decision; grounds; right to reply; serious misconduct; termination of employment;
  

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