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 properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. 爆料网AT held that 爆料网DT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that 爆料网DT’s conclusion was consistent with the evidence. 爆料网AT held that the 爆料网DT’s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. 爆料网AT held that the facts underpinning the administrative decision to issue the staff member a written reprimand could not uphold its reasoning, which was therefore flawed. 爆料网AT affirmed the 爆料网DT’s findings and conclusions that the impugned decision was unlawful. 爆料网AT held that the Secretary-General merely voiced disagreement, repeated his submissions, and did not meet the burden of proof for demonstrating an error in the impugned judgment such as to warrant its reversal. 爆料网AT held that the issuance of the reprimand was not a proper exercise of the discretion vested in the Administration. 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 issuance of a reprimand letter. The Applicant had been informed that the Administration had dropped the charge against her that she had made derogatory comments about another staff member for reasons of insufficient evidence, closed the matter, issued a letter of written reprimand to be placed in the Applicant’s official status file and required the Applicant to do communication and problem-solving training. 爆料网DT considered the decision to reprimand the Applicant to be unjustified and ordered its rescission and the removal of the letter from her official status file.
Legal Principle(s)
Although the reprimand is not a disciplinary measure but an administrative one, because of its adverse impact on the concerned staff member’s career, it must be warranted on the basis of reliable facts, established to the requisite standard of proof, namely that of the preponderance of evidence, and be reasoned in order to allow judicial review and to protect individuals. 爆料网DT has a broad discretion to determine the admissibility of any evidence and the weight to be attached thereto.