爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal, in which the Appellant claimed that 爆料网DT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. 爆料网AT held that it was within the competence of 爆料网DT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. 爆料网AT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and that this burden was met through the evidence considered by 爆料网DT. 爆料网AT held that the Appellant’s assertion that his statements were more credible than the evidence given by a United Nations Volunteer were unfounded. 爆料网AT found that he was merely repeating arguments already thoroughly considered and rejected by 爆料网DT. 爆料网AT held that the Appellant did not identify any mitigating factors that demonstrated that the summary dismissal was disproportionate to the offence. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to separate him from service without notice to the former 爆料网 Administrative Tribunal. 爆料网DT rejected the Applicant’s claims that the disciplinary measure was not proportionate to the misconduct and that his due process rights were not respected. 爆料网DT dismissed the application.
Legal Principle(s)
In exercising judicial review in disciplinary cases, 爆料网DT must examine: (1) whether the facts on which the disciplinary measure was based have been established; (2) whether the established facts legally amount to misconduct under the Staff Regulations and Rules; and (3) whether the disciplinary measure applied was disproportionate to the offence. In a system of administration of justice governed by law, the presumption of innocence must be respected. In disciplinary matters, the Administration bears the burden of establishing that the alleged misconduct for which a disciplinary measure has been taken against a staff member occurred.