UNDT/2013/002

UNDT/2013/002, Makwaka

UNAT Held or UNDT Pronouncements

The Applicant has not requested any damages or a modification of the contested sanctions but rather only their rescission. The Tribunal considers that the level of disciplinary measures that were finally applied against the Applicant were taken in accordance with the rules and therefore there are no rescindable decisions. The Tribunal can also not award a remedy that was not requested by the Applicant with regard to any delay in the proceedings or the original sanction which has since been modified to comply with the jurisprudence of the Tribunal. The application is dismissed.The UNDT found that considering that the updated disciplinary measures applied against the Applicant were taken in accordance with the rules and regulations that there were no rescindable sanctions. Additionally, seeing that the Applicant had not sought any damages or a modification of the contested sanctions, neither was warranted.

Decision Contested or Judgment Appealed

The Applicant appealed, and sought the rescission of, the imposition of the disciplinary sanctions of a written censure and demotion of one grade with deferment, for three years, of his eligibility for consideration for promotion.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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

Makwaka

Entity

DGACM

Case Number(s)

UNDT/NY/2010/082

Tribunal

UNDT

Registry Location :

New York