爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT had committed various errors of law, fact, and procedure. 爆料网AT held that the whole reasoning of 爆料网DT was misconstrued and 爆料网DT did not properly examine the lawfulness of the disciplinary sanction. 爆料网AT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of 爆料网FPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another 爆料网FPA vendor. Further, 爆料网AT held that there was clear and convincing evidence that the Appellant did not inform the 爆料网FPA Representative of her association with the 爆料网FPA vendors, that the Appellant was financially advantaged, and that the Appellant gave false statements in her Financial Disclosure Forms, misrepresenting her husband’s association with a vendor. Due to contradictions in the Appellant’s statements before 爆料网DT and the fact she was not an objective witness, 爆料网AT rejected her testimony before 爆料网DT and held her to her statements during the investigation process. 爆料网AT held that the Appellant’s actions amounted to misconduct on multiple counts. 爆料网AT held that the Secretary-General’s original disciplinary sanction was not excessive, abusive, discriminatory, or absurd, noting that the Secretary-General had considered aggravating and mitigating factors. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested her separation from service with compensation in lieu of notice and without termination indemnity as a disciplinary measure for several misconduct violations related to the procurement of property that was owned by her relatives. Following a de novo review, 爆料网DT ordered the rescission of her disciplinary measure on the grounds that it was disproportionate and replaced it with a loss of one step in grade and a written censure or in lieu compensation of 24 months’ net base salary.
Legal Principle(s)
Tribunals will only interfere and rescind or modify a sanction imposed by the Administration where the sanction imposed is blatantly illegal, arbitrary, adopted beyond the limits stated by the respective norms, excessive, abusive, discriminatory, or absurd in its severity.