UNDT/2012/191

UNDT/2012/191, Ainte

UNAT Held or UNDT Pronouncements

Reason to believe: that a staff member has engaged in unsatisfactory conduct is buttressed by a fact-finding, which in turn creates the requirement to investigate.Fact-Finding: fact-finding process is the collection and analysis of information to determine the veracity of an allegation against a staff member. It is a prerequisite for an investigation and cannot replace an investigation. As such cannot be used as the basis for imposing a disciplinary measure. Investigation: A disciplinary process can only be initiated based on proper official investigation being conducted under ST/AI/371.

Decision Contested or Judgment Appealed

The Organization imposed a disciplinary measure on the Applicant of separation from service with compensation in lieu of notice and with termination indemnity on grounds of making material misrepresentation in his PHP. The Applicant challenged this decision on grounds that his due process rights were violated, there was no investigation into the allegations and that his assistant who filled in his PHP for him made an honest mistake.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal found for the Applicant and ordered rescission of the decision, reinstatement and compensation in lieu of reinstatement and awarded the Applicant compensation for due process rights violations.

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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

Ainte

Entity

UNAMID

Case Number(s)

UNDT/NBI/2011/005

Tribunal

UNDT

Registry Location :

Nairobi