2010-��AT-024

��AT Held or ��DT Pronouncements

��AT affirmed the Commissioner-General��s decision to terminate the staff member for misconduct. ��AT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. ��AT held that where termination of service is connected to any type of investigation of a staff member��s possible misconduct, it must be reviewed as a disciplinary measure. ��AT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-��AT-018 (Mahdi)

Decision Contested or Judgment/Order Appealed

The staff member contested the decision to terminate his appointment ��in the interest of the Agency��, under ��RWA Area Staff Regulation 9. 1. The former JAB concluded that the ��RWA Administration had dealt with the matter within the framework of the standing rules, regulations, and directives and recommended that the Commissioner-General dismissed the appeal. The Commissioner-General approved the former JAB��s recommendation.

Legal Principle(s)

When reviewing a disciplinary sanction imposed by the Administration, the Tribunal will examine whether the facts on which the sanction is based have been established, whether the established facts qualify as misconduct, and whether the sanction is proportionate to the offense. The Tribunal may consider the nature of the position held by the individual and the assigned responsibilities in determining whether the sanction imposed is proportionate to the offense.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered.

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 ��DT Statute and Article 11(3) of the ��AT 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.

Applicants/Appellants

Haniya

Entity

Case Number(s)

Tribunal

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Date of Judgement