Disciplinary charges (912,-666)

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Keywords: Disciplinary charges
Total judgments found: 6

• Judgment 4745

  
  137th Session, 2024
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to discharge him after due notice.

  Judgment keywords

  Keywords:

  complaint dismissed; discharge with notice; disciplinary charges; disciplinary measure;
  

  
  
  

• Judgment 4615

  
  135th Session, 2023
  Energy Charter Conference
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to terminate her appointment.

  Consideration 7

  Extract:

  [I]n disciplinary proceedings the official concerned has a right to be informed of the charges made against her or him, as well as of the potential penalty, and has also the right to be heard or to comment thereon.

  Keywords:

  disciplinary charges; disciplinary procedure; due process in disciplinary procedure;
  

  
  
  

• Judgment 4491

  
  133rd Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to dismiss her with immediate effect for serious misconduct.

  Consideration 10

  Extract:

  The majority [of the Disciplinary Committee] expressed its finding about the conduct of the complainant. It recommended the sanction of downgrading. It observed that it was the duty of an EPO employee to disclose all facts that could possibly be relevant “for taking a correct decision about benefits allocated to [an] employee” and a failure to do so was misconduct. But this was not the misconduct charged. What was alleged against the complainant was that she had misrepresented her true status and had engaged in fraud. Fraud entails an intention to obtain financial advantage by deception (see, for example, Judgments 4238, consideration 5, and 3402, consideration 9).

  Reference(s)

  ILOAT Judgment(s): 3402, 4238
  

  Keywords:

  disciplinary charges; disciplinary procedure; fraud; misconduct;
  

  
  
  

• Judgment 2773

  
  106th Session, 2009
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "While internal investigative reports cannot be the sole basis for disciplinary action against a staff member, they may nevertheless serve as a basis for initiating disciplinary proceedings if they yield indications of irregularities justifying this (see, in this respect, Judgment 2365, under 5(e)). When the organisation concerned initiates proceedings in the light of such reports, it is not itself obliged to repeat all the investigations recorded in these documents, but must simply ensure that the person in question is given the opportunity to reply to the findings they contain so as to respect the rights of defence."

  Reference(s)

  ILOAT Judgment(s): 2365
  

  Keywords:

  adversarial proceedings; disciplinary charges; disciplinary procedure; evidence; inquiry; investigation; investigation report; right to reply;
  

  
  
  

• Judgment 2365

  
  97th Session, 2004
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5(e)

  Extract:

  [The complainant] has misunderstood the internal nature of the investigative report. Since the latter was requested and produced as part of an internal audit, it cannot on its own serve as conclusive evidence against a staff member. On the other hand, it may yield indications of irregularities justifying the initiation of a disciplinary procedure, in the course of which the person charged must be allowed all admissible means of defence. The Director-General did not abuse his discretionary authority by considering that the investigative report contained indications which merited further scrutiny in the context of a disciplinary procedure, even on the assumption that he had been unable to study the report in full himself.

  Keywords:

  disciplinary charges; inquiry; investigation; investigation report;
  

  
  
  

• Judgment 2261

  
  95th Session, 2003
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  There is no substance to the allegation of failure of due process. In particular, the mission report which gave the Organization information on which to base the decision to charge him, was a preliminary investigative tool and the complainant had no right to review its contents prior to the decision being made that the disciplinary procedure should be started. Once that procedure was under way, the complainant was given ample communication of the case against him and was afforded full opportunity to answer and make his defence. It was no breach of the principle of good faith for the Organization to ask the complainant for a statement of his activities and subsequently to use such statement, which was entirely exculpatory, as evidence of his deliberate attempt to mislead the investigation, which it manifestly was.

  Keywords:

  adversarial proceedings; disciplinary charges; due process in disciplinary procedure; inquiry; investigation; investigation report;