2019-惇蹋厙AT-972

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that 惇蹋厙RWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. 惇蹋厙AT held that 惇蹋厙RWA DT erred in its assessment of the alleged victim＊s credibility. 惇蹋厙AT held that, contrary to 惇蹋厙RWA DT＊s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. 惇蹋厙AT held that 惇蹋厙RWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. 惇蹋厙AT held that 惇蹋厙RWA erred in its assessment of the Appellant＊s credibility, in particular, by failing to find that his behaviour after the reporting of the incident undermined his credibility in any way. 惇蹋厙AT held that it was unable to decide the case itself based on the documentary evidence. 惇蹋厙AT remanded the case to a different judge of 惇蹋厙RWA DT for new consideration on the merits.

Decision Contested or Judgment/Order Appealed

The Applicant contested his summary dismissal on the grounds of serious misconduct. 惇蹋厙RWA DT concluded that the facts upon which the Applicant was disciplined were not established by clear and convincing evidence. 惇蹋厙RWA DT rescinded the decision to summarily dismiss the Applicant and ordered in-lieu compensation corresponding to two years＊ net base salary.

Legal Principle(s)

To overturn a finding of fact by 惇蹋厙DT, 惇蹋厙AT must be satisfied that the finding is not supported by the evidence or that it is unreasonable.

Outcome

Appeal granted; Appeal granted in part

Outcome Extra Text

No relief ordered; No relief ordered.

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙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

Al Othman

Entity

Case Number(s)

Tribunal

Registry