2013-UNAT-295

2013-UNAT-295, Powell

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct to find that there was no breach of Mr Powell’s due process rights at the preliminary investigation stage. UNAT held that UNDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. UNAT allowed the appeal, set aside the UNDT findings in paragraphs 86 and 106 of the UNDT judgment that the investigations conducted by the BOI and SEA Investigation Team constituted final investigations attaching the due process rights enumerated by UNDT, and set aside the UNDT award of compensation in paragraph 131 of the UNDT judgment of one year’s net base salary for breaches of Mr Powell’s due process rights.

Decision Contested or Judgment Appealed

The Applicant contested the decision to demote him by one level with no possibility of promotion for two years for misconduct. UNDT found for the Applicant and awarded compensation.

Legal Principle(s)

During the preliminary investigation stage, only limited due process rights apply.

Outcome

Appeal granted in part

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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

Powell

Entity

MONUC

Case Number(s)

2012-327

Tribunal

UNAT

Registry Location :

New York