2010-��AT-080

��AT Held or ��DT Pronouncements

��AT held that ��DT adequately applied the appropriate principles set out in the former �� Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. ��AT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division��s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, ��AT agreed with ��DT that it would have been inappropriate for the Secretary-General to have taken the view that as long as there was no evidence of the Appellant��s impartiality actually being compromised, he had not committed misconduct or serious misconduct. ��AT held that the Appellant was unable to satisfy it of the existence of any mitigating factors. ��AT held that the sanction of summary dismissal was proportionate to the offence. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to summarily dismiss him for serious misconduct in the form of accepting lavish hospitality from a vendor��s representative. ��DT found against the Applicant.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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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.

Applicants/Appellants

Streb

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement