UNDT/2014/106 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2014/106, Baidya

UNAT Held or UNDT Pronouncements

The Tribunal finds that the Applicant failed to declare the existence of his friendship with the selected candidate, including in response to a direct inquiry prior to the completion of the selection process and during the disciplinary process, and that his actions affected the impartiality and fairness of the selection process and the trust vested in him. The Applicant’s due process rights were respected during each phase of the disciplinary process and the sanction imposed was proportional to the misconduct. The application is therefore rejected. The Applicant did not demonstrate that there were any flaws in the disciplinary process that affected her/his rights or that the Administration failed to take into account any relevant circumstances. The disciplinary measures of a written censure and a fine of one month net base salary are therefore proportionate to the misconduct and are maintained.

Decision Contested or Judgment Appealed

The Applicant contests the imposition of the disciplinary measures of a written censure and a fine of one month net base salary following a finding that he failed to disclose that he and the candidate recommended by the interview panel, which he chaired, had a pre-existing relationship.

Legal Principle(s)

When the Tribunal is seized of an application contesting the legality of a disciplinary measure, it must examine whether the procedure followed is regular, whether the facts in question are established, whether those facts constitute misconduct and whether the sanction imposed is proportionate to the misconduct that was committed.

Outcome

Dismissed on merits

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

Baidya

Entity

Case Number(s)

UNDT/NY/2011/040

Tribunal

UNDT

Registry Location :

New York

Date of Judgment