爆料网

Disciplinary sanction

  • Abolition of position
  • Agreed termination
  • Disciplinary sanction
  • Health reasons
  • Raisons de santé
  • Standard of proof
  • Summary dismissal
  • Unsatisfactory service
    • Showing 41 - 50 of 67
    2015-爆料网AT-510, Cobarrubias

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. 爆料网AT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters, with which it would not lightly interfere. 爆料网AT held that 爆料网DT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. 爆料网AT vacated the 爆料网DT judgment.

    2017-爆料网AT-781, Rajan

    爆料网AT considered the Secretary-General’s appeal. 爆料网AT dismissed Mr Rajan’s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. 爆料网AT held that the 爆料网DT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. 爆料网AT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. 爆料网AT held that it was Mr Rajan’s responsibility to ascertain that he was providing accurate...

    2017-爆料网AT-745, Ouriques

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred when it concluded that the Administration’s decision was unlawful and that the sanction imposed was disproportionate to the nature and gravity of the behaviour triggering it. 爆料网AT held that 爆料网DT erred when it ordered rescission of the sanction and compensation in lieu thereof and substituted the sanction imposed for a lesser one. 爆料网AT held that the Secretary-General had broad discretion to determine whether the assault amounted to serious misconduct and to determine the appropriate disciplinary measure. 爆料网AT held...

    2017-爆料网AT-718, Bagot

    爆料网AT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. 爆料网AT held that the Commissioner-General’s cross-appeal was receivable. 爆料网AT agreed with the findings of 爆料网RWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. 爆料网AT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

    2018-爆料网AT-889, Sall

    爆料网AT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. 爆料网AT denied the Appellant’s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. 爆料网AT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. 爆料网AT held that the 爆料网DT erred in holding that the disciplinary investigation was flawed by procedural irregularities. 爆料网AT held that 爆料网DT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

    2018-爆料网AT-888, Al Saleh

    爆料网AT considered the Appellant’s request for an oral hearing and claims for moral damages and reinstatement. 爆料网AT held that the factual and legal issues arising from the appeal have already been clearly defined by the parties and did not find that an oral hearing would “assist in the expeditious and fair disposal of the case. ” To that end, 爆料网AT denied the Appellant’s request for an oral hearing. 爆料网AT found no fault with 爆料网RWA DT’s conclusion that it was highly probable that the Appellant had a leadership role in the armed clashes of 18 June 2015. 爆料网AT held that there was no evidence to suggest...

    2018-爆料网AT-883, Khisa

    爆料网AT considered whether exceptional circumstances should apply to the Appellant’s appeal, under Article 8(3) of the 爆料网DT Statute. 爆料网AT held that 爆料网DT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. 爆料网AT held that 爆料网DT did not err in finding that the application was not receivable. 爆料网AT dismissed the appeal.

    2018-爆料网AT-862, Majut

    On appeal by the Secretary-General, 爆料网AT found that 爆料网DT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. 爆料网AT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. 爆料网AT found that 爆料网DT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

    2019-爆料网AT-972, Al Othman

    爆料网AT held that 爆料网RWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. 爆料网AT held that 爆料网RWA DT erred in its assessment of the alleged victim’s credibility. 爆料网AT held that, contrary to 爆料网RWA DT’s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. 爆料网AT held that 爆料网RWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. 爆料网AT held that 爆料网RWA erred in its assessment of the Appellant’s credibility, in particular...

    2019-爆料网AT-955, Turkey

    The 爆料网DT judgment was appealed by the Secretary-General. 爆料网AT held that 爆料网DT did not exceed the scope of judicial review by reviewing the facts and concluding that there was sufficient evidence of inebriation but concluding there was a lower level of alcohol consumed based on the breathalyzer result. 爆料网AT held that 爆料网DT correctly balanced the competing considerations and concluded reasonably that the imposition of the sanction of separation from service with compensation in lieu of notice and termination indemnity was disproportionate to the misconduct. 爆料网AT held that the fact that the...