2010-��AT-040

��AT Held or ��DT Pronouncements

��AT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. ��AT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. ��AT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, ��AT held that it could not review the level of sanction imposed; such a decision, which falls within the remit of the Commissioner-General, could only be reviewed by ��AT in cases of obvious absurdity or flagrant arbitrariness, which was not established here. ��AT dismissed the appeal and affirmed the Commissioner-General's decision.

Decision Contested or Judgment/Order Appealed

��RWA decision: The Applicant contested the decision to terminate his appointment on the grounds of misconduct for sexually molesting a young girl. The ��RWA JAB recommended that the termination decision be reviewed. The Commissioner-General rejected the recommendation and dismissed the appeal.

Legal Principle(s)

The establishment of misconduct alone can be a sufficient basis for a staff member��s termination. Depending on the establishment of misconduct and seriousness of incidents, certain cases can only be reviewed by ��AT in cases of obvious absurdity or flagrant arbitrariness.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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