爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred when it concluded that the Administration’s decision was unlawful and that the sanction imposed was disproportionate to the nature and gravity of the behaviour triggering it. 爆料网AT held that 爆料网DT erred when it ordered rescission of the sanction and compensation in lieu thereof and substituted the sanction imposed for a lesser one. 爆料网AT held that the Secretary-General had broad discretion to determine whether the assault amounted to serious misconduct and to determine the appropriate disciplinary measure. 爆料网AT held that all the relevant facts on which the sanction was based were satisfactorily established such that the decision-maker was in a position to adequately weigh all of them and that the Administration fully complied with its duty to investigate the facts, which were established in the preliminary report. 爆料网AT held that the mental health status of Mr Ouriques was considered upon receipt of the information provided and the Administration was under no duty to inquire further into his mental state. 爆料网AT held that the Administration exercised its discretion in a reasonable manner. 爆料网AT noted that the sanction imposed on Mr Ouriques was not the most severe sanction and that the Administration took into account his long, satisfactory service, amongst other mitigating factors. 爆料网AT held that the Administration’s decision was lawful and the sanction imposed was proportionate. 爆料网AT granted the Secretary-General’s appeal and vacated the 爆料网DT judgment. Judge Halfeld dissented.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision separating him from service with compensation in lieu of notice and with termination indemnities, as a disciplinary measure for assault. 爆料网DT ordered rescission of the disciplinary measure, replaced it with a two-year deferment of eligibility for consideration for promotion, and awarded moral damages.
Legal Principle(s)
It is neither the role of 爆料网DT to consider the correctness of the choice made by the Secretary-General nor to substitute its own decision for that of the Secretary-General.