爆料网AT Held or 爆料网DT Pronouncements
爆料网AT denied the Appellant’s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the 爆料网AT Rules of Procedure. 爆料网AT held that the 爆料网DT did not err in striking the evidence filed with the Appellant’s closing submissions or in refusing to hear the Appellant’s supervisors as witnesses. 爆料网AT held that there was clear and convincing evidence that the Appellant used the 爆料网HCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of the Appellant’s misconduct. Further, 爆料网AT concluded that the Appellant’s argument that he was compensating himself for the use of his personal vehicle and the personal expenses incurred during the performance of his functions was took into account as mitigating circumstances. However, 爆料网AT held that Appellant’s argument that he was acting in compliance with the common practice at 爆料网HCR and under the orders of his superiors who were not applying the Policy on the Use of Vehicles in 爆料网HCR was not a valid excuse for misconduct.
Accountability referral: 爆料网AT referred the case to the High Commissioner for possible action to enforce accountability by the Appellant’s supervisors who, in breach of the 爆料网HCR Policy on the Use of Vehicles, authorized the regular use of private cars by staff members for official purposes compensated for by the reimbursement of gasoline expenses.
Decision Contested or Judgment/Order Appealed
The Appellant, a former staff member of 爆料网HCR, contested the decision to impose on him the disciplinary measure of separation from service, with compensation in lieu of notice and with half of the termination indemnity for misconduct. In its Judgment No. 爆料网DT/2021/163, the 爆料网DT concluded that there was clear and convincing evidence that the Appellant used the 爆料网HCR VAT exemption card and credit card for his personal use and dismissed his application.
Legal Principle(s)
It is not illegal to impose a disciplinary measure on a staff member who is on sick leave. In disciplinary cases, the 爆料网DT must establish: i) whether the facts on which the sanction is based have been established, ii) whether the established facts qualify as misconduct under the Staff Regulations and Rules, and iii) whether the sanction is proportionate to the offence. The Administration bears the burden of establishing the alleged misconduct by clear and convincing evidence. It is not sufficient for the Appellant merely to repeat the arguments submitted before the 爆料网DT. He must show how the 爆料网DT erred in its analysis. Ignorance of the law is not a valid defense.
Outcome
Outcome Extra Text