UNDT/2013/140 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/140, Khan

UNAT Held or UNDT Pronouncements

The Tribunal concluded that the sanction was taken in accordance with the applicable regulations and rules that govern disciplinary matters and that it was in line with sanctions applied in other matters of similar nature. The Applicant’s due process rights were respected throughout the preliminary investigation and the ensuing disciplinary process. The contested decision was both factually and legally reasoned and did not reflect any bias, improper motivates, flawed procedural irregularity or errors of law. The Applicant’s disciplinary liability was correctly determined and the disciplinary sanction was proportionate to the misconduct committed by the Applicant.

Decision Contested or Judgment Appealed

The Applicant contested the decision to separate him from service with compensation in lieu of notice and without termination indemnity following a finding that he had engaged in conduct in violation of the United Nations Staff Rules and Regulations, WFP’s Policy on Harassment, Sexual Harassment and Abuse of Authority (“HSHAP”) and the Standards of Conduct for the International Civil Service. The Tribunal concluded that the sanction was taken in accordance with the applicable regulations and rules that govern disciplinary matters and that it was in line with sanctions applied in other matters of similar nature.

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

Khan

Entity

WFP

Case Number(s)

UNDT/NY/2011/016

Tribunal

UNDT

Registry Location :

New York