UNDT/2016/057, Negussie
Investigations in disciplinary proceedings - Investigators should obey the paramount considerations of fairness, detachment and scrupulous objectivity. Evidence of bad character or disposition to establish that show that an individual being investigated has a propensity to commit an act of misconduct should not be relied on unless a past act of misconduct is also part of the investigation. Such evidence cannot lightly be invoked or presented in a court of law and it should not influence the findings of an investigator or those whose responsibility it is to initiate disciplinary proceedings. Due process - Due process requires that a staff member who has been under investigation for a matter that may lead to a disciplinary measure be given an opportunity to comment on the report of the investigation.
In his Application dated 22 December 2014, the Applicant challenges the decision to separate him from service for serious misconduct. He requests that that the decision be rescinded and in the alternative that he be compensated in an amount representing 15 months’ net base salary. The Tribunal found that on the facts the charge of misconduct is established. Notwithstanding the findings of fact, the failure to provide the Applicant with the investigation report prejudiced his right to due process. The Tribunal, however, did not award any compensation because the Applicant did not show that he suffered any specific damages resulting from a breach of his fundamental rights.
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