2012-Ģ��ƵAT-207

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal, in which the Appellant claimed that Ģ��ƵDT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. Ģ��ƵAT held that it was within the competence of Ģ��ƵDT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. Ģ��ƵAT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and that this burden was met through the evidence considered by Ģ��ƵDT. Ģ��ƵAT held that the Appellant��s assertion that his statements were more credible than the evidence given by a United Nations Volunteer were unfounded. Ģ��ƵAT found that he was merely repeating arguments already thoroughly considered and rejected by Ģ��ƵDT. Ģ��ƵAT held that the Appellant did not identify any mitigating factors that demonstrated that the summary dismissal was disproportionate to the offence. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate him from service without notice to the former Ģ��Ƶ Administrative Tribunal. Ģ��ƵDT rejected the Applicant��s claims that the disciplinary measure was not proportionate to the misconduct and that his due process rights were not respected. Ģ��ƵDT dismissed the application.

Legal Principle(s)

In exercising judicial review in disciplinary cases, Ģ��ƵDT must examine: (1) whether the facts on which the disciplinary measure was based have been established; (2) whether the established facts legally amount to misconduct under the Staff Regulations and Rules; and (3) whether the disciplinary measure applied was disproportionate to the offence. In a system of administration of justice governed by law, the presumption of innocence must be respected. In disciplinary matters, the Administration bears the burden of establishing that the alleged misconduct for which a disciplinary measure has been taken against a staff member occurred.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Hallal

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Case Number(s)

Tribunal

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Date of Judgement