爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by 爆料网DT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of 爆料网FPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the 爆料网FPA Headquarters Contracts Review Committee, in violation of further norms. 爆料网AT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. 爆料网AT held that 爆料网DT correctly declined to accept a defence based on alleged superior orders. 爆料网AT held there was no reason to depart from the conclusion that the sanction was not unduly harsh, as the sanction could not be considered absurd or arbitrary. 爆料网AT noted that the misconduct was committed by a Procurement Officer. 爆料网AT held that the sanction in such disciplinary cases must be apt not only to punish the wrongdoer but also to publicise the Organisation’s commitment to combat all forms of corruption. 爆料网AT held that that separation from service did not appear to be disproportionate and corresponded with the logical loss of trust as a consequence of the misconduct. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Accountability Referral: 爆料网AT affirmed the 爆料网DT referral for possible action to enforce accountability. 爆料网AT held that the Administration’s apparent lack of action with respect to another staff member who might have been involved did not reduce the Appellant’s accountability but justified the 爆料网DT’s decision to refer the case to the Secretary-General for further action.
Decision Contested or Judgment/Order Appealed
ICAO Decision: The Applicant, a Procurement Officer, contested the decision to separate him from service with compensation in lieu of notice for misconduct in the form of acting in breach of the financial rules and procurement procedures. Whilst 爆料网DT was not convinced that the so-called fake documents were forgeries, 爆料网DT found against the Applicant.
Legal Principle(s)
When reviewing a disciplinary sanction, the role of 爆料网AT is to examine whether the facts on which the sanction is based have been established, whether the established facts qualify as misconduct, and whether the sanction is proportionate to the offence.