CYIL vol. 14 (2023)

CYIL 14 (2023) LANDMARK JUDGMENT 4457 OF THE ADMINISTRATIVE TRIBUNAL … of the Staff Regulations and Staff Rules states, among others, that failure by a staff member to observe the Standards of Conduct expected of an international civil servant, may amount to misconduct, and may lead to the institution of disciplinary proceedings and the imposition of disciplinary measures for misconduct. 3. Analysis of disciplinary measures under Chapter X (Disciplinary measures) of UNESCO’s Staff Regulations and Staff Rules Despite the express obligations under the UNESCO Constitution, the Staff Regulations and Staff Rules as well as the Standards of Conducts for the International Civil Service there are, regrettably, cases of staff members who committed act(s) of misconduct. For this reason, the Organization may institute disciplinary proceedings and impose disciplinary measures for misconduct. Legal and administrative aspects of sanctions are essentially regulated by Chapter X (Disciplinary measures) of the Staff Regulations and Staff Rules, UNESCO Human Resources Manual Item 10.5 (Termination of appointment), UNESCO Human Resources Manual Item 11.2 (Misconduct), UNESCO Human Resources Manual Item 11.3 (Investigation and disciplinary proceedings), UNESCO Human Resources Manual Item 11.4 (Administrative leave), UNESCO Human Resources Manual Item 11.5 (Disciplinary measures) and the relevant ILOAT case law. The above Chapter X establishes the basic framework on disciplinary sanctions. Regulation 10.1 provides for the possibility of instituting disciplinary proceedings in case of misconduct and imposing disciplinary measures for misconduct. Such possibility will take place if a staff member failed to comply with his/her obligations under the UNESCO Constitution, the Staff Regulations and Staff Rules or other administrative issuance, or to observe the Standards of Conduct for the International Civil Service expected of an international civil servant. This provision contains two key notions – applicability of sanctions to staff members (Sanctions are not applicable to individuals who are not staff members 16 , nor are they applicable to former staff members 17 .) and the term “misconduct”. Misconduct “means the failure by a staff member, either deliberately, or by gross negligence or by recklessness, to comply with his or her obligations under the Constitution of UNESCO, Staff Regulations, Staff Rules, Administrative Manual, UNESCO Human Resources Manual and other relevant and binding administrative texts in force or to observe the Standards of Conduct expected of international civil servants.”

16 It does not mean, however, that non-staff members can commit acts of misconduct with impunity. Contracts of service contact holders may be terminated for improper conducts; contracts of individual consultants/specialists may be terminated, among others, for false declarations; contracts of short-term contract holders may be terminated, among others, for improper conduct or false declarations; and, short-term contracts for interpreters and translators may be terminated for abandonment of duties or wilful misconduct. 17 If, for example, former staff members committed misconduct when being on active duty and the misconduct was discovered after their departure from the Organization, they will not be offered any category of contract with the Organization once they left. In case of misconduct resulting in a financial loss for the Organization, former staff members may be sued in national courts.

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