2013-UNAT-362

2013-UNAT-362, S. Nourain & A. Nourain

UNAT Held or UNDT Pronouncements

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

Decision Contested or Judgment Appealed

UNDT 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 (UNAMID) and she failed to respond to the investigator’s requests for information. Of the two sisters, only Ms S. Nourain filed an application with UNDT. UNDT rejected her application.

Legal Principle(s)

UNAT will not substitute its own judgment for that of the competent decision-maker.

Outcome

Appeal dismissed on merits; Appeal dismissed on receivability

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

S. Nourain & A. Nourain

Entity

Case Number(s)

Tribunal

Registry Location :