2015-Ģ��ƵAT-510

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. Ģ��ƵAT held that it was a reasonable exercise of the Administration��s broad discretion in disciplinary matters, with which it would not lightly interfere. Ģ��ƵAT held that Ģ��ƵDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. Ģ��ƵAT vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Mr Cobarrubias contested the decision to impose upon him the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, for misconduct in the form of storing emails containing pornographic, violent and otherwise inappropriate material. Ģ��ƵDT found that the alleged facts had been established but concluded that the sanction was disproportionate and substituted it for a lesser sanction.

Legal Principle(s)

It is not the role of the Tribunal to substitute its own decision for that of the Secretary-General.

Outcome

Appeal granted

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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

Cobarrubias

Entity

Case Number(s)

2014-582

Tribunal

Ģ��ƵAT

Registry

New York

Date of Judgement

26 Feb 2015