2011-UNAT-164

2011-UNAT-164, Molari

UNAT Held or UNDT Pronouncements

UNAT recalled that when a disciplinary sanction is imposed by the Administration, the role of the Tribunal is to examine whether the facts, on which the sanction is based, have been established, whether the established facts qualify as misconduct, and whether the sanction is proportionate to the offence. UNAT held that in this case, the facts were so clear as to be irrefutable; no matter what the standard, the Administration met its burden of proof. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The staff member contested the decision to separate her from service. UNDT rejected the staff member’s contention that the Administration was under an obligation to prove her guilt beyond a reasonable doubt. UNDT concluded that the staff member’s behaviour amounted to professional misconduct and that the penalty of termination was not disproportionate to the gravity of the offence.

Legal Principle(s)

When termination of appointment is a possible outcome of disciplinary proceedings, the misconduct must be established by clear and convincing evidence. Clear and convincing proof means that the truth of the facts asserted is highly probable.

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.

Full Judgment

Applicants/ Appellants

Molari

Entity

UNOPS

Case Number(s)

2010-134

Tribunal

UNAT

Registry Location :

New York