爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, 爆料网AT held that 爆料网DT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. 爆料网AT held that 爆料网DT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, 爆料网AT held that 爆料网DT did not commit an error in procedure such as to affect the contested decision. 爆料网AT held that it fully supported the findings of the 爆料网DT that attempting to cheat in an exam was a serious act which pointed to a certain lack of integrity. 爆料网AT held that 爆料网DT did not err on a question of law in concluding that for a security officer to attempt to cheat constitutes professional misconduct. 爆料网AT held that the requirement of a staff member to supply information concerning facts relevant to his or her integrity, conduct and service was applicable to Mr Yapa. 爆料网AT held that 爆料网DT did not commit an error resulting in a manifestly unreasonable decision by finding that the sanctions imposed on Mr Yapa were not disproportionate to the nature and seriousness of his misconduct. On the matter of compensation, 爆料网AT noted that Mr Yapa had not demonstrated that he had suffered a direct and certain injury, and therefore 爆料网AT held that the 爆料网DT’s order for compensation had to be rescinded. 爆料网AT rejected the appeals and upheld the 爆料网DT judgment, with the exception of the award of compensation, which was rescinded.
Decision Contested or Judgment/Order Appealed
Mr Yapa contested the disciplinary sanction of written censure and a demotion by one grade without the possibility of promotion for two years for misconduct in the form of attempting to cheat on a test and refusing to cooperate with an investigation. 爆料网DT rescinded the sanction limiting his promotion and awarded compensation.
Legal Principle(s)
A sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person.