UNDT/2010/173 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2010/173, Parkes

UNAT Held or UNDT Pronouncements

It was not disputed that the Applicant borrowed money from a Sales Manager working in a company doing business with MONUC. In the light of the applicable law and in particular the financial and procurement rules, the Tribunal found that misconduct had been properly established. Nonetheless, the Tribunal found a certain number of mitigating factors such as the fact that he repaid the loan in full and that it was a “one-off decision”. Therefore, the Tribunal took the view that the sanction was not proportionate.

Decision Contested or Judgment Appealed

The Applicant contested the decision to summarily dismiss him for serious misconduct based on findings that he had solicited, received and accepted sums of money from a vendor who did business with MONUC.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

UNDT ordered recission of the decision or, as an alternative, compensation equivalent to all the benefits the Applicant would have been entitled to if he had been terminated instead of being summarily dismissed.

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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

Parkes

Entity

MONUC

Case Number(s)

UNDT/NBI/2009/50

Tribunal

UNDT

Registry Location :

Nairobi