UNDT/2013/016

UNDT/2013/016, Malor

UNAT Held or UNDT Pronouncements

The Applicant considers that the disclosure requirements did not apply to him. The Respondent failed to establish that the Applicant was required to file a financial disclosure statement for 2006. The Tribunal rescinds the Applicant’s written reprimand. Any record of it is to be removed from the Applicant’s Official Status File.

Decision Contested or Judgment Appealed

The Applicant contests the decision made by OHRM to impose on him the sanction of a written reprimand, and include it in his official status file (“OSF”) following his failure to file a financial disclosure statement for 2006 within the imparted deadlines.

Legal Principle(s)

ST/SGB/2006/6 identifies two separate groups of staff members that are required to file a yearly financial disclosure: staff members at the D-1 or L-6 level (sec. 2.1(a)); and staff members identified by “[t]he relevant head of department or office” (sec. 2.2). The Respondent did not meet the required burden of proof as he was unable to produce the 2006 list that was provided to the Ethics Office identifying the Applicant as being a staff member required to file a financial disclosure statement for 2006.

Outcome

Judgment entered for Applicant in full or in part

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

Malor

Entity

DPI

Case Number(s)

UNDT/NY/2010/086

Tribunal

UNDT

Registry Location :

New York