2010-��AT-089

��AT Held or ��DT Pronouncements

��AT held, in agreement with ��DT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the �� Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant��s long service record, to reach a finding of serious misconduct; and the Appellant was given a full opportunity to make his case before a decision was taken as to the appropriate sanction. ��AT held that the conduct was established and serious and that the sanction was not unfair or disproportionate. ��AT noted that ��DT refused to substitute its judgment in this case and that ��AT must be deferential not only to the Secretary-General but also to ��DT, which is charged with finding facts. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

��DT judgment: The Applicant contested his summary dismissal related to a single incident of lavish hospitality, including drinking, lap dances and prostitutes, paid for by a �� vendor. ��DT dismissed the application, finding that the summary dismissal was justified and proportionate.

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

Cabrera

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Date of Judgement