UNDT/2012/124 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/124, Akello

UNAT Held or UNDT Pronouncements

The Applicant was engaged in an unauthorized outside activity. The Applicant’s unauthorized outside activity whilst providing her personal financial gain, did not result in an actual conflict of interest as defined by the applicable rule. The investigators had an obligation, in accordance with the universal principles of natural justice, to inform the Applicant of her right to the assistance of Counsel during investigations. The doctrine of proportionality is applicable in this case to reduce the Applicant’s summary dismissal to a written censure in line with the Secretary- General’s practice in disciplinary cases.

Decision Contested or Judgment Appealed

On 17 May 2010, the Applicant was summarily dismissed on the basis of findings that she had committed misconduct by having engaged in an unauthorized outside activity. The Applicant is contesting the decision to summarily dismiss her.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

UNDT rescinded the summary dismissal and ordered rescission or compensation in lieu (2 years' net base salary).

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

Akello

Entity

UNDP

Case Number(s)

UNDT/NBI/2012/065

Tribunal

UNDT

Registry Location :

Nairobi