2015-��AT-549

��AT Held or ��DT Pronouncements

��AT considered an appeal by the Secretary-General. ��AT held that the Secretary-General��s appeal was filed on time and was receivable. ��AT held that, since the parties agreed to and identified the facts in their Joint Statement, it was not open to ��DT to conduct its own evaluation and then to substitute its view for that of the parties. ��AT held that the misconduct was of a grave and serious nature and in those circumstances, the sanction of separation was reasonable and not disproportionate and/or arbitrary. ��AT held that ��DT erred when it reversed the Secretary-General��s decision to separate the Appellant from service with compensation in lieu of notice and with termination indemnity. ��AT granted the appeal and vacated the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the imposition of the disciplinary measure of separation from service, with compensation in lieu of notice, and with termination indemnity for misconduct, in the form of forging a stamp on his United Nations Laissez-Passez and providing false information in his annual leave report. ��DT found that the acts did not constitute misconduct, the sanction was disproportionate (ordering it to be replaced with a written censure and fine) and awarded compensation for loss of earnings.

Legal Principle(s)

An appealable decision is one that has a direct impact and produces direct legal consequences for a staff member affecting his or her terms of appointment or contract of employment.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Ogorodnikov

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement