2013-Ģ��ƵAT-362

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. Ģ��ƵDT/2012/142. Ģ��ƵAT dismissed Ms A. Nourain��s appeal as she was not a party to the proceedings and had no standing to appeal. Ģ��ƵAT held that the facts were not disputed; the misconduct had been established and so had its seriousness. Ģ��ƵAT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. Ģ��ƵAT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT judgment: The Applicants, sisters, contested the decisions to separate them from service. Ms S. Nourain had made a material omission in her Personal History Profile (PHP) by failing to disclose that her sister also worked for African Union-United Nations Hybrid Operation in Darfur (Ģ��ƵAMID) and she failed to respond to the investigator��s requests for information. Of the two sisters, only Ms S. Nourain filed an application with Ģ��ƵDT. Ģ��ƵDT rejected her application.

Legal Principle(s)

Ģ��ƵAT will not substitute its own judgment for that of the competent decision-maker.

Outcome

Appeal dismissed on merits; Appeal dismissed on receivability

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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

S. Nourain & A. Nourain

Entity

Case Number(s)

Tribunal

Registry