2010-Ģ��ƵAT-089

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held, in agreement with Ģ��ƵDT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the Ģ��Ƶ Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant��s long service record, to reach a finding of serious misconduct; and the Appellant was given a full opportunity to make his case before a decision was taken as to the appropriate sanction. Ģ��ƵAT held that the conduct was established and serious and that the sanction was not unfair or disproportionate. Ģ��ƵAT noted that Ģ��ƵDT refused to substitute its judgment in this case and that Ģ��ƵAT must be deferential not only to the Secretary-General but also to Ģ��ƵDT, which is charged with finding facts. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT judgment: The Applicant contested his summary dismissal related to a single incident of lavish hospitality, including drinking, lap dances and prostitutes, paid for by a Ģ��Ƶ vendor. Ģ��ƵDT dismissed the application, finding that the summary dismissal was justified and proportionate.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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