CYIL vol. 14 (2023)

JAN HLADÍK CYIL 14 (2023) The current article is divided into six parts. The first part provides general background and explains reasons for writing present article about ILOAT Judgment 4457, the second part introduces main obligations of staff members and other persons working for UNESCO under the UNESCO Constitution, Staff Regulations and Staff Rules of UNESCO and UNESCO’s relevant administrative texts, the third part analyses disciplinary measures under Chapter X (Disciplinary measures) of the Staff Regulations and Staff Rules of UNESCO, the fourth part dwells very briefly upon UNESCO’s internal appeals procedures, the fifth part focuses on factual background and legal analysis of ILOAT Judgment 4457 and the sixth part contains conclusion. The 133rd session of ILOAT delivered, among others, on 27 January 2022 by video recording posted on the Tribunal’s Internet page Judgment 4457 challenging the administrative decision to summarily dismiss the complainant, Mr I. S., 2 from UNESCO. In my view, importance of this Judgment consists in the following seven aspects: (i) blatant error in the legal characterisation by the UNESCO Administration of the facts leading to the complainant’s conduct being considered as constituting serious misconduct for the purposes of the application of Chapter X of the Staff Regulations and Staff Rules 3 of UNESCO, concerning disciplinary measures; (ii) an unfortunate confusion between the finding of misconduct and the assessment of the seriousness of that misconduct; (iii) wrong refusal of the Director-General of UNESCO to afford the complainant the benefit of the excuse of good faith; (iv) lack of proportionality between the misconduct and the sanction imposed; (v) obligation not to disclose negotiations conducted by the parties with a view to resolving a dispute referred to the Tribunal; (vi) very high amount of compensation (a sum equivalent to three years’ remuneration calculated on the basis of the last net salary and allowances of any kind which the complainant was receiving at the time of his departure from UNESCO, without deducting from this sum any earnings which he may received since then; and, (vii) moral damages in the amount of 40,000 euros. I will analyse in detail factual and legal aspects of Judgment 4457 in part V of the present article. 1. General background and reasons for writing present article about ILOAT Judgment 4457

2 The Tribunal intentionally uses in its judgments initials instead of full names of complainants in order to preserve their anonymity and to ensure that they cannot be identified through Internet search engines. 3 The purpose of the Staff Regulations is to “embody the fundamental conditions of service and the basic rights, duties and obligations of members of the Secretariat of UNESCO, as approved by the General Conference”, introduction to the Staff Regulations and Staff Rules. In accordance with the paragraph defining their scope, they “apply to all members of the Secretariat of the Organization to whom they are expressly made applicable by the terms of their appointment.” introduction to the Staff Regulations and Staff Rules.

80