UNDT/2010/036 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2010/036, Sanwidi

UNAT Held or UNDT Pronouncements

The Tribunal is entitled to examine the entire case before it. In other words, the Tribunal may consider not only the administrative decision of the Secretary-General imposing disciplinary measures but also examine the material placed before him on which he bases his decision in addition to other facts relevant to the said material. The rush by the investigators to produce a prejudiced report dripping with innuendos, riddled with ridiculous findings and which completely and unjustly tars the Applicant with a brush of criminality must be loudly condemned by this Tribunal.

Decision Contested or Judgment Appealed

OHRM informed the Applicant that he had been summarily dismissed for serious misconduct, namely, failing to comply with �山��Staff Member obligations by soliciting and accepting money from a vendor who did or sought to do business with MONUC. The Applicant contested this decision.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Parties are directed to provide written submissions as to the appropriate relief that should be ordered within 7 days from the distribution of this judgment.

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

Sanwidi

Entity

UNAMIR

Case Number(s)

UNDT/NBI/2009/053

Tribunal

UNDT

Registry Location :

Nairobi