UNDT/2013/070

UNDT/2013/070, Stoykov

UNAT Held or UNDT Pronouncements

Effect of the breach of due process rights: The Tribunal found that while the Applicant had been denied some of his due process rights at the investigation stage, this breach was cured by the subsequent court proceedings. Further, the Tribunal held that the sanction of summary dismissal was fully justified in view of: (i) the status of the Applicant in the procurement process of ECA; (ii) the fact that he contracted with United Nations vendors without disclosing that fact in clear terms; and (iii) the fact that he was engaged to some extent in the activities of two other companies without obtaining the appropriate authorisation from the Secretary General.

Decision Contested or Judgment Appealed

The Applicant filed a claim with the Tribunal contesting the decision of the Respondent to summarily dismiss him on the ground of misconduct. The Applicant alleged that there were procedural defects in that his due process rights had been violated during the investigation.

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

Stoykov

Entity

ECA

Case Number(s)

UNDT/NBI/2010/052

Tribunal

UNDT

Registry Location :

Nairobi