2010-Ģ��ƵAT-087

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. Ģ��ƵAT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before Ģ��ƵAT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. Ģ��ƵAT ordered rescission of the contested decision to summarily dismiss the staff member; alternatively, the Secretary-General was ordered to pay 12 months�� net base salary as compensation in lieu of rescission.

Decision Contested or Judgment/Order Appealed

The staff member contested the decision to summarily dismiss him for serious misconduct. Ģ��ƵDT rejected his application.

Legal Principle(s)

A disciplinary measure may not be founded solely on anonymous statements.

Outcome

Appeal granted

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Applicants/Appellants

Liyanarachchige

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement