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(iv) Suspension without pay for a specifed period; (v) Fine; (vi) Demotion;

(vii) Separation from service, with or without notice or compensation in lieu thereof, notwithstanding rule 9.3; (viii) Summary dismissal.

(b) The following measures shall not be considered to be disciplinary measures, within the meaning of this rule:

(i) Reprimand, written or oral, by a supervisory offcial; (ii) Recovery of monies owed to the Authority; (iii) Suspension pursuant to rule 10.2.

Rule 10.4 Due Process

(a) No disciplinary proceedings may be instituted against a staff member unless he or she has been formally notifed, in writing, of the allegations against him or her, as well as of the right to seek the assistance of counsel in his or her defence at his or her own expense, and has been given a reasonable opportunity to respond to those allegations.

(b) Any disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct.

(c) No staff member shall be subject to disciplinary measures until the matter has been referred to a Joint Disciplinary Committee for advice as to what measures, if any, are appropriate, except that no such advice shall be required:

(i) If referral to the Joint Disciplinary Committee is waived by mutual agreement of the staff member concerned and the Secretary-General; (ii) If the matter is referred to conciliation in accordance with Chapter XII of the Staff Rules by mutual agreement of the staff member concerned and the Secretary-General and the proceedings result in a successful conciliation;

(iii) In respect of summary dismissal imposed by the Secretary-General in cases where the seriousness of the misconduct warrants immediate separation from service.

(d) In cases of summary dismissal imposed without prior submission of the case to a Joint Disciplinary Committee in accordance with subparagraphs (c) (i) and (iii), the staff member or former staff member concerned may, within two months of having received written notifcation of the measure, request that the measure be reviewed by such a Committee. A request shall not have the effect of suspending the measure. After the advice of the Committee has been received, the Secretary-General shall decide as soon as possible what action to take in respect thereof. An appeal in respect of such a decision may not be submitted to the Joint Appeals Board.

(e) An appeal in respect of a disciplinary measure considered by a Joint Disciplinary Committee pursuant to either paragraph (c) or (d) or in respect of

Staff Rules, 10.3-10.4

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