CYIL vol. 14 (2023)

JAN HLADÍK CYIL 14 (2023) Such failure may be deliberate 18 , grossly negligent 19 or reckless 20 . Misconduct may also include assisting in, contributing to, the commission of misconduct. Paragraph 4 of Human Resources Manual Item 11.2 (Misconduct) provides for a non exhaustive list of acts or omissions constituting misconduct. It reads as follows: (a) Unlawful acts, be they committed on or outside the premises of UNESCO, such as theft, fraud, corruption, bribery, smuggling, possession or sale of illegal substances, and notwithstanding whether or not the staff member was officially on duty at the time when the acts were committed; (b) Non-observance of any regulation, rule or administrative procedure of the Organization involving the Organization in unnecessary liability, expense or loss; (c) Misrepresentation, false certification or non-disclosure in connection with allowances, benefits and claims; (d) Discrimination, harassment, including sexual harassment, abuse of authority, retaliation and physical assault; (e) Sexual exploitation and abuse; (f) Misuse of the Organization’s property, equipment or files, including electronic files; (g) Misuse of position and breach of the duty of confidentiality in application of the relevant rules and procedures; (h) Misuse of privileges and immunities for the purposes of avoiding to discharge private obligations or to observe laws and police regulations; (i) Nepotism and granting contracts without justification be it for personal benefit or for favours to others.” Regulation 10.2 provides the Director-General with the possibility of imposing disciplinary measures on staff members who engage in misconduct. The Director-General may summarily dismiss a staff member for serious misconduct. Rule 110.1 (Disciplinary measures) provides for disciplinary measures. It reads as follows: “The disciplinary measures which the Director-General may impose on staff members for misconduct are: (i) written censure (ii) suspension without pay for a specified period; “Acts or omissions that constitute misconduct include, but are not limited to, the following: 18 “1. Intentional; premeditated; fully considered.”, Black’s Law Dictionary , Abridged Seventh Edition, Bryan A. Garner, Editor in Chief, West Group, St. Paul, Minn., 2000, p. 349. 19 “Gross negligence” is defined as “1. a lack of slight diligence or care. 2. a conscious, voluntary act or omission in reckless disregard or a legal duty and of the consequences to another party, who may typically recover exemplary damages.” Op. cit. p. 847. 20 “Characterized by the creation of a substantial and unjustifiable risk of harm to others and by a conscious (and sometimes deliberate) disregard for or indifference to that risk; heedless; rash.” “Reckless conduct is much more than mere negligence: it is a gross deviation from what a reasonable person would do.”, Op. cit. p. 1021.

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