UNDT/2015/093 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2015/093, Kashala

UNAT Held or UNDT Pronouncements

The Tribunal found that the facts on which the sanction was based had not been established and the facts that were established did not legally amount to misconduct. Consequently, the Tribunal concluded that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore a violation of his rights. Witness statements: The Tribunal concluded that the witness statements without averments of truthfulness could not constitute clear and convincing evidence that the Applicant solicited and obtained money from the five complainants in return for their recruitment as casual daily workers with MONUC. Precedent: Noting the striking similarity between the present matter and the matter of Nyambuza as set out in Judgment No. UNDT/2012/139, the Tribunal found no reason to deviate from the reasoning and decision in Nyambuza 2013-UNAT-364, which affirmed Judgment No. UNDT/2012/139.

Decision Contested or Judgment Appealed

The Applicant contested the decision to summarily dismiss him from service for serious misconduct.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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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

Kashala

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2012/23

Tribunal

UNDT

Registry Location :

Nairobi