UNDT/2010/073

UNDT/2010/073, Elbadawi

UNAT Held or UNDT Pronouncements

In its findings, the Tribunal found that the evidence in support of the charges was credible and that the Applicant failed to prove that the decision to summarily dismiss him was arbitrary or motivated by prejudice or other extraneous factors, or was flawed by procedural irregularities or error of law. With regards to the Applicant’s allegations of breach of due process, the Tribunal could not find any evidence that the rights of the Applicant had been violated. The Tribunal was also satisfied that the Respondent discharged his burden of proof and that he made proper use of his discretion.

Decision Contested or Judgment Appealed

The Applicant, a former staff member of the United Nations Children's Fund (UNICEF), is appealing an administrative decision taken by the Deputy Executive Director, dated 11 December 2008, to summarily dismiss him for serious misconduct. The charges related to harassment, aggressive behaviour and gender discrimination against a colleague at the work place. The Applicant had been reprimanded in the past for shortcomings.

Legal Principle(s)

N/A

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

Elbadawi

Entity

UNICEF

Case Number(s)

UNDT/NBI/2009/054

Tribunal

UNDT

Registry Location :

Nairobi