爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. 爆料网AT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. 爆料网AT held that the established facts amounted to misconduct on the part of Mr. Nyawa. 爆料网AT disagreed with 爆料网DT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, 爆料网AT found that 爆料网DT’s holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting 爆料网AT intervention. 爆料网DT did not err on any question of law or fact permitting interference by 爆料网AT. 爆料网AT dismissed the appeal and the cross-appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the Administration’s decision that his conduct, of failing to report a serious incident to which he had responded or to take appropriate action, amounted to misconduct and the subsequent imposition of disciplinary measures. 爆料网DT found that the sanction of deferment for eligibility for consideration for promotion for 2 years and the administrative measure requiring the staff member to attend a course on gender sensitivity was both reasonable and not disproportionate. 爆料网DT found that there was no purpose in combining the disciplinary measure of deferment for eligibility for promotion with a written censure, as the latter was subsumed by the former. 爆料网DT upheld the disciplinary measure of deferment of promotion for two years but dismissed the charge that the Applicant had instructed other staff members to provide false information. 爆料网DT ordered rescission of the decision to impose the disciplinary measure of written censure.
Legal Principle(s)
爆料网DT has a broad discretion under Article 18(1) of 爆料网DT RoP to determine the admissibility of any evidence and the weight to be attached to such evidence. Some degree of deference must be given to the factual findings of 爆料网DT as the court of the first instance, particularly where oral evidence is given. The Tribunals will only intervene 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. The Secretary-General has the discretion to weigh aggravating and mitigating circumstances when deciding upon the appropriate sanction to impose.