UNDT/2009/006 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2009/006, Manokhin

UNAT Held or UNDT Pronouncements

The applicant was given the opportunity of providing arguments and submissions which may tend to show that he had an arguable case. He has failed to do so. There was ample evidence before the Secretary-General to support a finding of serious misconduct. The internal disciplinary investigations complied with the principles of natural justice. There were no procedural irregularities in the investigation and the sanction of summarily dismissal was proportionate to the misconduct.

Decision Contested or Judgment Appealed

Applicant's dismissal for serious misconduct.

Legal Principle(s)

Striking out of applications: Failure to comply with an order to show cause may result in the application being struck out. Outside and internal investigations: Even when there are criminal proceedings or investigations by national authorities, UNDT will consider whether the Organization has carried out its own (adequate) investigation. Preliminary investigations: Internal �山��investigation must provide full and fair opportunity for the applicant to defend himself and the evidence must be sufficient to sustain the disciplinary findings

Outcome

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

Manokhin

Entity

�山��Secretariat

Case Number(s)

UNDT/NY/2009/043/JDC/2008/087

Tribunal

UNDT

Registry Location :

New York