and the parties confirming that their relationship is bound by the Staff Rules
and Regulations (EBID), the Court will set-forth the provisions governing
dismissal.
The Court recalls Article 10 of the Staff Rules which states:
1. A staff member who infringes the standards of conduct stipulated in
the Staff Rules and Regulations or who infringes generally accepted
conduct expose themselves to the disciplinary measures stipulated in
the Staff Regulations. Depending on the seriousness of the offence,
the disciplinary measures taken by the Institution in each particular
case may range from a warning to a suspension with or without
salary, or with reduced salary, to demotion, or dismissal as provided
for in Article 9 of the Staff Rules. A Staff member may also be
suspended with pay, pending the investigation of charges laid against
them and pending a decision on their case.
2. Any disciplinary measure taken against a staff member shall be
notified to the latter in writing.
Further, Article 9 of the Staff Rules and Regulations (EBID) provides that a
staff member can be terminated for unsatisfactory performance or
misconduct. Notwithstanding the aforementioned provisions, Article 11 of
the Staff Rules and Regulations (EBID) states that a staff member should
be heard i.e. they possess the right of appeal. The Court also notes that
Article 63 (1) of the Staff Rules and Regulations (EBID) defines dismissal
as “separation from service at the initiative of the Bank. Dismissal shall be
decided by the President.”
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