UNDT/2022/108

UNDT/2022/108, Nair

UNAT Held or UNDT Pronouncements

The Tribunal found that the sanction in this case bore no rational connection or suitable relationship to the evidence on the record and the purpose of progressive or corrective discipline. The Applicant’s messages were mainly reactionary, and he showed great pateince in not responding to the complainant's tone. The Applicant was provoked. The Applicant identified no special circumstances which would warrant the anonymization of this matter, apart from potential personal embarrassment and discomfort, which were not sufficient grounds to grant anonymity.

Decision Contested or Judgment Appealed

The Applicant challenged the Administration’s decision to impose on him disciplinary and administrative measures for engaging in email communication using unacceptable language with another staff member.

Legal Principle(s)

Judicial review is focused on how the decision-maker reached the impugned decision (see Sanwidi 2010-UNAT-084 and Santos 2014-UNAT-415). The Appeals Tribunal has also determined what the role of this Tribunal is when reviewing disciplinary cases (see Mahdi 2010-UNAT-018 and Haniya 2010-UNAT-024). An official decision without the requisite delegated authority is axiomatically unlawful and cannot stand. The names of litigants are routinely included in judgments of the internal justice system of the United Nations in the interests of transparency and accountability, and personal embarrassment and discomfort are not sufficient grounds to grant confidentiality. Public dissemination of the appellate judgments helps to assure there is transparency in the operations of the Appeals Tribunal. It also means, sometimes fortunately and other times unfortunately, that the conduct of individuals who are identified in the published decisions, whether they are parties or not, becomes part of the public purview (Buff 2016-UNAT-639).

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

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

Nair

Entity

ECA

Case Number(s)

UNDT/NBI/2021/55

Tribunal

UNDT

Registry Location :

Nairobi