UNDT/2010/176

UNDT/2010/176, Buendia, et al.

UNAT Held or UNDT Pronouncements

The applicants appealed the imposition of disciplinary measures on the grounds that the evidence against them was unfairly obtained as the applicants were not informed that they were under investigation or suspected of misconduct and that this breach of due process vitiated the imposition of disciplinary measures. A breach of the right to due process is both procedurally and substantively unfair. The Tribunal cannot uphold the findings and conclusions of a disciplinary process that was fundamentally flawed where the panel failed to uphold the applicants’ rights to due process. Outcome: The decisions to impose disciplinary sanctions in relation to each of the applicants were rescinded. Further submissions from each party were ordered on proposed remedy for consideration of the Tribunal.

Decision Contested or Judgment Appealed

The applicants were disciplined for having sought the intervention of a Member State and for disclosing information that they knew or should have known was not public, thereby bringing the Organization into disrepute.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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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

Buendia, et al.

Entity

Case Number(s)