爆料网AT Held or 爆料网DT Pronouncements
爆料网AT refused the Appellant’s application for an oral hearing. 爆料网AT held that there was nothing to support the Appellant’s submission that 爆料网DT erred in finding that he had not exercised reasonable care by expecting the same standard of care from him as from the Operations Response Unit supervisor. 爆料网AT held that 爆料网DT’s finding that the Appellant was not on duty at the relevant time was fully supported by the facts and was not in error. Contrary to the Appellant’s submission, 爆料网AT held that 爆料网DT did not suggest that the Appellant intended to cause the loss or foresaw the loss, nor did the doctrine of mens rea have any application to the case. On the Appellant’s claim that the imposed sanction was disproportionate, unduly harsh, and absurd, 爆料网AT held that 爆料网DT was correct in its conclusion that the Secretary-General did not overlook the relevant mitigating factors. 爆料网AT held that the Appellant failed to demonstrate any error by 爆料网DT on the issue of mitigation. 爆料网AT recalled its jurisprudence that the level of sanction fell within the remit of the Administration and could only be reviewed in case of obvious absurdity and flagrant arbitrariness. 爆料网AT held that the sanction was a reasonable exercise of the Administration’s broad discretion in disciplinary matters. 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 impose on him the disciplinary measure of separation with compensation in lieu of notice and with termination indemnity. He had left a semi-automatic weapon and corresponding ammunition 爆料网ATtended in his vehicle and it was stolen, along with a hand-held radio. 爆料网DT rejected his application.
Legal Principle(s)
When judging the validity of the Secretary-General’s exercise of discretion in administrative matters, the role of the Tribunal is neither to consider the correctness of the choice by the Secretary-General amongst other courses of action open to him nor to substitute its own decision for that of the Secretary-General.