UNDT/2011/018

UNDT/2011/018, Bridgeman

UNAT Held or UNDT Pronouncements

The Applicant’s due process rights were violated when his computer hard drive was seized in violation of sec. 8.5(a) of ST/STGB/2004/15. However, by giving him notice and inviting him to be present when the ICT data were being accessed the Administration accorded him his due process rights in accordance with sec. 8.5(b)(i) of ST/STGB/2004/15; The JAB’s review of his case was unconscionably delayed and procedurally flawed. The Respondent bears responsibility for this; The JDC process was proper and fair. The consideration by the investigation panel and the Report of the JDC were soundly based on the available evidence, and the recommendation as to appropriate sanction was not disproportionate; The disciplinary sanction imposed on the Applicant was disproportionate. The Tribunal rescinds the decision to impose a loss of two steps in grade and a two year deferment of within grade salary increments.

Decision Contested or Judgment Appealed

The Applicant contested the imposition of a disciplinary measure.

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

Bridgeman

Entity

DPKO

Case Number(s)

UNDT/NY/2010/052/AT/1660

Tribunal

UNDT

Registry Location :

New York