爆料网AT Held or 爆料网DT Pronouncements
爆料网AT preliminary denied the Appellant’s motions for leave to respond to the answer to the appeal and his request for production of documents and evidence, on grounds that there were no exceptional circumstances. 爆料网AT then considered the merits of the appeal. 爆料网AT affirmed 爆料网DT’s decision that the investigation was not ultra vires. Whilst the Special Representative of the Secretary-General did not initiate the investigation, the nature of Chief Conduct and Discipline Team duties gave him authority to refer the matter to SIU for investigation. Even if the initiation of the investigation gave rise to a procedural irregularity, there was overwhelming uncontested evidence of Appellant’s actions, which he also admitted. 爆料网AT noted that the investigation was carried out properly, that the Appellant’s due process rights were respected, that the finding of misconduct was established through clear and convincing evidence and that the sanction was proportionate. Moreover, 爆料网AT held that the Appellant did not establish how the evidence he sought to be produced would have affected the outcome of the case. 爆料网AT dismissed the appeal and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the disciplinary measure of separation from service with compensation in lieu of notice and with termination indemnity. 爆料网AT found that the investigation was not ultra vires. 爆料网DT held that it was established by clear and convincing evidence that the Applicant had breached Staff Regulation 1. 2(g). Moreover, 爆料网DT found that the disciplinary measure was proportionate. 爆料网DT dismissed the application in its entirety.
Legal Principle(s)
The decision to launch an investigation into allegations of misconduct, institute a disciplinary process, and impose a disciplinary measure shall be within the discretionary authority of the Secretary-General or officials with delegated authority. Where there is reason to believe that a staff member has engaged in unsatisfactory conduct for which a disciplinary measure may be imposed, the head of the office or responsible officer shall undertake an investigation. An appellant may not raise an argument on appeal that ought to have been raised before the first instance Tribunal. Case management issues, including the question of whether to call a certain person to testify or to order the production of documents, remain within the discretion of the 爆料网DT and do not merit a reversal except in clear cases of denial of due process of law affecting the right to produce evidence by a party.