Misconduct (392, 397, 498, 499, 507, 210, 263, 389, 390, 391, 393, 395, 396, 398, 843, 969, 394, 508, 510, 511, 512, 513, 942, 514, 817, 908, 941, 943, 509, 901, 909, 910, 911, 912, 917, 642, 679, 820, 827, 652, 728, 860, 784, 898, 902, 903, 904, 906, 907, 913,-666)
You searched for:
Keywords: Misconduct
Total judgments found: 165
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Judgment 1584
82nd Session, 1997
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant failed time and again to meet his financial obligations - in particular the payment of alimony to his family - disobeyed the judicial and administrative authorities of the host country and received several prison sentences. The permanent mission of the host country and his creditors approached the Organization many times. "In behaving as he did he obviously showed scant regard for his duties as an international civil servant and betrayed the Organization's trust. It was only reasonable that the WMO should consider that his conduct precluded keeping him on." There was no breach of the rule of proportionality.
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; organisation's interest; organisation's reputation; outside activity; proportionality; staff member's duties; termination of employment;
Judgment 1447
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"As for the charge of misconduct warranting dismissal under Article 93(2)(f), the Tribunal accepts the Disciplinary Committee's ruling that the complainant had no intention of causing damage in the incident [...]. It is therefore satisfied that the sanction of dismissal was grossly disproportionate to his misbehaviour on that day."
Reference(s)
Organization rules reference: ARTICLE 93(2)(F) EPO SERVICE REGULATIONS
Keywords:
conduct; disciplinary measure; misconduct; proportionality; staff regulations and rules; termination of employment;
Judgment 1441
79th Session, 1995
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The complainant held a fixed-term appointment. His proven shortcomings and misconduct were undoubtedly such that the organization might have refused without further ado to extend his appointment. As the Tribunal has always acknowledged, an organisation has discretion in the matter and, as many rulings bear out, it may refuse renewal on grounds of unsatisfactory performance or misconduct: for a recent example see Judgment 1405."
Reference(s)
ILOAT Judgment(s): 1405
Keywords:
case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;
Consideration 20
Extract:
The decision to dismiss [the complainant] for serious misconduct was "fully warranted by the facts that came to light at the various stages of the disciplinary proceedings. Even though doubts lingered as to whether the complainant [had embezzled funds] the way he kept the books was still inadmissible and can only have been intended to cover up actual fraud. In view of the complainant's [...] poor performance [his behaviour] showed a lack of conscientiousness and failure to come up to the ethical standards of public service. Moreover [...] his behaviour severely damaged the image of the organization, which he was not just working for but representing."
Keywords:
conduct; misconduct; organisation's reputation; serious misconduct; termination of employment; unsatisfactory service;
Judgment 1405
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Disciplinary proceedings, and the safeguards they afford, are relevant in the event of misconduct warranting disciplinary action while an official is under contract, and one possible sanction is termination of the appointment, whatever its duration may be. Disciplinary proceedings do not apply in the event of due expiry of a fixed-term appointment, when the issue is whether in the light ofpast performance the contract should be renewed. An organisation must be allowed full freedom to decide the issue without having to go through the disciplinary procedure."
Keywords:
consequence; contract; disciplinary measure; disciplinary procedure; discretion; fixed-term; misconduct; non-renewal of contract; organisation's interest; safeguard;
Consideration 4
Extract:
"Precedent acknowledges an organisation's wide discretion in renewing a fixed-term appointment and its right to refuse renewal for reasons that include misconduct and unsatisfactory performance".
Keywords:
case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;
Judgment 1384
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant was accused of removing computer equipment from the work place. The organization accordingly decided not to renew his fixed-term appointment. After carrying out an inquiry, the regional director submitted a first report which "showed that there was at most mere suspicion that the complainant might have been involved. There was no basis on which the organization could contend that the charge of theft had been satisfactorily proved. What it did in effect was to reverse the burden of proof by expecting the complainant to show that hisconduct was 'spotless'."
Keywords:
burden of proof; conduct; contract; evidence; fixed-term; inquiry; investigation; lack of evidence; misconduct; non-renewal of contract; presumption of innocence;
Consideration 16
Extract:
The complainant was accused of removing computer equipment from the work place. For that reason the organization decided not to renew his fixed-term appointment. "The decision not to renew the complainant's contract was based on loss of confidence consequent upon the finding of misconduct. That finding was based on an error of law as to the burden of proof; rules of procedure relating to the right of defence were seriously violated; essential facts were not taken into consideration; and clearly mistaken conclusions were drawn from the facts. so the finding cannot stand, and the plea of loss of confidence which the organization based thereon must be rejected."
Keywords:
breach; burden of proof; conduct; contract; disregard of essential fact; evidence; fixed-term; misconduct; mistaken conclusion; non-renewal of contract; right to reply;
Consideration 17
Extract:
The complainant was charged with removing computer equipment from the work place but no evidence of theft was ever produced. "The decision not to renew his contract, based as it was on a finding of theft, must have seriously harmed his moral and social standing and his prospects of finding other employment."
Keywords:
contract; fixed-term; misconduct; moral injury; non-renewal of contract; professional injury;
Consideration 15
Extract:
The complainant was accused of removing computer equipment from the work place. For that reason the organization did not renew his fixed-term contract. "There were many flaws in the procedure that the organization followed. It did not allow the complainant to be present when statements were taken from the witnesses or to question them. [...] Not only was he denied access to their statements but even their identity was concealed from him. [...] No verbatim record of the statements by the witnesses was ever produced." He never got to see the results of the investigation carried out into the matter and he was not given an opportunity to put forward any arguments in his favour. "The conclusion is that he was denied his right to defend himself before an adverse decision was taken [...]. The complainant's right of defence was seriously prejudiced."
Keywords:
conduct; contract; due process; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; procedural flaw; right to reply;
Consideration 15
Extract:
Vide Judgment 999, consideration 4
Reference(s)
ILOAT Judgment(s): 999
Keywords:
case law; evidence; misconduct; right to reply;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
The complainant alleges that the charges against him of misconduct and his subsequent dismissal were mistaken. On the evidence "the Tribunal is satisfied that the complainant was in breach of his professional obligations throughout the period of his service at the EPO in that without leave he had set up and was running a consultancy firm under cover of his main professional activity. Such professional misconduct was compounded by the coincidence between the area of the firm's business and the EPO's own area of competence and by his offering or actually providing services to his customers that were connected with his official duties at the EPO."
Keywords:
conduct; continuing breach; disciplinary measure; misconduct; organisation's interest; outside activity; serious misconduct; staff member's duties; termination of employment;
Judgment 1346
77th Session, 1994
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was dismissed on grounds of serious misconduct. He submits that "the punishment is out of proportion to any offence he may have committed. [...] He is wrong. As the Joint Disciplinary Committee unanimously held, he was guilty of 'wilful and repeated insubordination', had never since shown 'the slightest contrition or change of mind' and had offered 'unacceptable explanations for his behaviour'. The conclusion is that in the circumstances there was nothing disproportionate about the sanction."
Keywords:
advisory body; advisory opinion; disciplinary measure; disciplinary procedure; insubordination; misconduct; proportionality; staff member's duties;
Judgment 1271
75th Session, 1993
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
See Judgment 1070, consideration 9.
Reference(s)
ILOAT Judgment(s): 1070
Keywords:
case law; disciplinary measure; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant objects to UNESCO's holding up her dismissal indemnity and to the slowness of the compensation procedure, for which she claims damages. "The evidence does reveal unfortunate delay and remarkable dilatoriness in settling the case. But the organization may not be held liable for any particular negligence warranting an award of special damages under this head. The delay in sorting out the various issues of the case was due to a combination of several factors: procedural complications, the changing nature of the complainant's health, her living far from headquarters, and the need - for her own sake too - for many medical inquiries."
Keywords:
administrative delay; allowance; delay; lack of injury; misconduct; refusal; request by a party; terminal entitlements;
Judgment 1133
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was charged with serious misconduct. An inquiry was held to which the complainant was not invited to give evidence. The Tribunal holds that "the failure of the WHO to afford the complainant an opportunity to be present at the Personnel Department's taking of statements and to put questions to the witnesses amounts to breach of due process. The Tribunal stated the material principle in Judgment 999 : whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal." [See Judgment 2601, under 7.]
Reference(s)
ILOAT Judgment(s): 999, 2601
Keywords:
due process; evidence; misconduct; right to reply; serious misconduct; termination of employment;
Judgment 1085
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, Head of Interpol's Accounting Service, had his advancement deferred by six months for failing to reply to his supervisors' requests for information about an discrepancy in the accounts. The Tribunal found the measure warranted as he was guilty of misconduct for failing to comply with his duty under the Staff Regulations and Staff Rules.
Keywords:
disciplinary measure; increment withheld; insubordination; misconduct;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was dismissed for having got the ILO/ITU Health Fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "It is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the French courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."
Keywords:
dependant; evidence; good faith; health insurance; judgment of the tribunal; medical expenses; misconduct; municipal court; request by a party; termination of employment;
Consideration 9
Extract:
"A sanction out of proportion to the subjective and objective nature of the offence must be quashed because it is flawed with a mistake of law." As the complainant was guilty of defrauding the ILO/ITU Health Fund, his dismissal was not a sanction out of proportion to the offence.
Keywords:
disciplinary measure; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 1061
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
freedom of conscience; misconduct; political activity; staff member's duties; termination of employment;
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:
duty of discretion; freedom of speech; misconduct; organisation's reputation; staff representative; termination of employment;
Judgment 1030
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was dismissed for misconduct. The organization charged him with refusal to perform duties, refusal to obey instructions and sending letters to Indian government officials with the intention of damaging the organization's reputation. The Tribunal is satisfied on the evidence that the charges are substantially true.
Keywords:
conduct; independence; insubordination; member state; misconduct; official; organisation's reputation; termination of employment;
Judgment 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant was accused of grave misconduct. An inquiry was held into the facts in the absence of the complainant. The Tribunal held that "whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal. There can be no certainty that justice will be done if evidence is taken in the absence of one of the parties. The proceedings in the appeal the complainant lodged against the decision [...] to dismiss him show a breach of due process".
(note: see Judgment 2601, under 7)
Reference(s)
ILOAT Judgment(s): 2601
Keywords:
flaw; inquiry; investigation; misconduct; organisation's duties; right to reply; termination of employment;
Consideration 5
Extract:
"Breach of the Staff Regulations and of general principles, including breach of due process, is a flaw in the appeal proceedings which also taints the impugned decision, and for that reason the [final] decision [to confirm the complainant's dismissal for grave misconduct] cannot stand. What does stand, however, since it is only the appeal proceedings that were improper, is the prior decision [of dismissal]." "The complainant duly filed his internal appeal with the Regional Board, and the Organization shall resume the internal appeal proceedings. The competent authorities shall reconsider the internal appeal in the light of the submissions already made by WHO and by the complainant and any further submissions the parties may make in adversarial proceedings".
Keywords:
case sent back to organisation; decision quashed; flaw; internal appeal; misconduct; procedural flaw; right to reply; termination of employment;
Judgment 969
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant is accused of having typed two defamatory memoranda. "It is common ground that the burden of proof rests on the organization. By declining to admit the charges, as she was entitled to do, the complainant required the organization to prove its case; and although the proceedings are not criminal the seriousness of the charges and the concomitant penalty demand that before there can be a finding against the complainant the charges must be proved beyond reasonable doubt."
Keywords:
burden of proof; disciplinary measure; misconduct; organisation; organisation's duties;
Judgment 956
66th Session, 1989
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal is satisfied that it was open to the Director-General to come to the view that what the complainant had done [import a firearm] was, to quote the letter of 14 May 1986, 'harmful to the FAO's good name in the host country' and, being behaviour unworthy of an international civil servant, had been contrary to Staff Regulation 301.014.
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.014
Keywords:
conduct; contract; discretion; fitness for international civil service; fixed-term; misconduct; non-renewal of contract; organisation's reputation;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12, Summary
Extract:
The complainant was dismissed for misconduct. The organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. The Tribunal held that the complainant was in breach of the letter and spirit of the rules: "Though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."
Keywords:
direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination of employment;
Consideration 14
Extract:
The complainant submits that none of "the charges supporting his dismissal for misconduct [...] amounts in itself to misconduct. Indeed some of them do not, but what is serious is that there are several."
Keywords:
conduct; disciplinary measure; misconduct; serious misconduct; termination of employment;
Considerations 17-18
Extract:
The complainant argues that the definition of misconduct in the FAO Manual does not fit the charges: the organization's reputation cannot suffer from inside squabbling. "The plea is mistaken. Harm to the organization's good name does not require the knowledge of the public at large since reputation may be impaired even within a closed community."
Keywords:
conduct; definition; misconduct; organisation's reputation; termination of employment;
Consideration 19
Extract:
"To prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."
Keywords:
abuse of power; disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination of employment;
Judgment 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"When an international official on mission shows professional shortcomings or fails in his duty of 'reserve' the government may of course ask the organisation to withdraw him. But termination is not the inevitable outcome. For one thing, so long as the contract is in force the Director-General does not have discretionary authority; for another, he may discuss the matter with the government [...] In any case even when the organisation acquiesces it need not terminate the appointment on that account."
Keywords:
consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination of employment;
Judgment 642
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Fault may engage liability, but need not do so: it must also be the direct cause of injury."
Keywords:
cause; condition; injury; liability; misconduct;
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