2010-惇蹋厙AT-025

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant＊s termination, 惇蹋厙AT held that the 惇蹋厙RWA JAB＊s decision was legal, rational, and procedurally proper. 惇蹋厙AT held that it was an exceptional case where the doctrine of proportionality should be invoked. 惇蹋厙AT held that the decision to terminate the Appellant＊s services was disproportionate, more drastic than necessary. 惇蹋厙AT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the patient suffered from DM type I and hypertension. 惇蹋厙AT noted that the patient died of a hypoglycemic shock related to an overdose of insulin. 惇蹋厙AT noted that the Appellant was not involved in the actual treatment of the deceased and that she merely made some changes in the records which had no connection with the patient＊s death. 惇蹋厙AT held that, while Area Staff Regulation 9. 1 allows for inefficient staff members, or persons who are corrupt and do not possess the required high level of integrity, to be dismissed, the Appellant＊s case did not fall into any of these categories. 惇蹋厙AT accordingly set aside the Commissioner-General＊s decision and ordered the Appellant to be re-instated in service, though it ordered an entry be made in her service record about the warning given to her to be careful in the future. 惇蹋厙AT ordered as an alternative compensation in lieu equivalent to two years' net base pay. 惇蹋厙AT allowed the appeal in the aforementioned terms and denied all other forms of relief.

Decision Contested or Judgment/Order Appealed

惇蹋厙RWA decision: The Applicant contested the decision to terminate her appointment. 惇蹋厙RWA JAB found that her termination was a disproportionate sanction. The Commissioner-General rejected the recommendations of the JAB, dismissed the appeal, and upheld the termination.

Legal Principle(s)

Inefficient staff members, or persons who are corrupt and do not possess the required high level of integrity, or are simply dead wood, must be sent home.

Outcome

Appeal granted

Outcome Extra Text

Both financial and specific performance; Both financial and specific performance.

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙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

Doleh

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement