2012-UNAT-195

2012-UNAT-195, Shahatit

UNAT Held or UNDT Pronouncements

UNAT considered the Appellant’s appeal. UNAT noted that the established facts showed that the Appellant’s negligence as Head Storekeeper facilitated the misconduct of other staff members and his negligence was evidenced by the excess of merchandise in the storeroom under his control, and by his failure to keep an inventory of the items in his custody. UNAT held that the Appellant neither successfully rebutted these facts, nor demonstrated any flaws in the administrative and disciplinary procedures. UNAT held that the sanction of demotion was lawful. UNAT dismissed the appeal and affirmed the Commissioner-General’s decision.

Decision Contested or Judgment Appealed

UNRWA decision: The Applicant contested the disciplinary measures of demotion and transfer to another location. The Joint Appeals Board (JAB) found that the Applicant’s demotion was disproportionate and recommended that the Commissioner-General review this decision. The Commissioner-General rejected the recommendation.

Legal Principle(s)

When reviewing a disciplinary sanction 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 constitute misconduct, and whether the sanction is proportionate to the offence.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Shahatit

Entity

UNRWA

Case Number(s)

2011-198

Tribunal

UNAT

Registry Location :

New York