爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the 爆料网DT had erred by failing to grant the remedy under Article 10(5)(a) of the 爆料网DT Statute after it had found that the disciplinary decision was unlawful. The 爆料网DT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The 爆料网AT remanded the case to the 爆料网DT for determination of the appropriate remedy.
The 爆料网AT agreed with the 爆料网DT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the 爆料网AT held that the 爆料网DT had erred in the quantum of award of costs for abuse of process. The 爆料网AT considered that the sum of USD 500 in costs was minimal because the 爆料网DT had, in the same Judgment, sanctioned the staff member’s abuse of process by declining to rescind the contested decision. Accordingly, the quantum of costs for abuse of process did not fully reflect the 爆料网DT’s appreciation of the gravity of the former staff member’s behavior. The 爆料网AT remanded to the 爆料网DT for redetermination of the appropriate quantum of costs. Only after the 爆料网DT exercises its full jurisdiction regarding the remedy and award of costs will the judgment be final.
Lastly, the 爆料网AT held that the Secretary-General had not violated the litigants' Code of Conduct by using the Internet and other research tools to uncover the forgery in the documents submitted by the former staff member.
The 爆料网DT Judgment was reversed and remanded.
Decision Contested or Judgment/Order Appealed
In Judgment No. 爆料网DT/2023/140, the 爆料网DT granted the former staff member’s application in part. The 爆料网DT held that the Administration had failed to establish the facts of the misconduct, which had led to his separation from service, to the clear and convincing evidence standard. However, the 爆料网DT declined to rescind the termination decision due to the staff member’s dishonesty in the 爆料网DT proceedings. The former staff member had filed fake documents before the Tribunal to support his claim for an award for material and moral damages. Accordingly, the 爆料网DT awarded costs of USD 500 against the staff member for manifest abuse of proceedings.
The former staff member appealed.
Legal Principle(s)
Upon finding that the Secretary-General failed to prove the lawfulness of the contested decision, the court should rescind the contested decision in terms of Article 10(5)(a) of the 爆料网DT Statute and set compensation in lieu of rescission. It is only in very exceptional circumstances that rescission will not be ordered for an unlawful administrative decision.
The Dispute Tribunal cannot refuse to rescind a contested administrative decision as a sanction for a party’s abuse of the 爆料网DT’s process in proceedings about that administrative decision.
The mere submission of misleading and incredible information or documents to a Court or Tribunal constitutes a tremendous abuse of the judicial process that puts the integrity of the entire judicial process into disrepute.
There does not appear to be any bar against the Organization attempting to verify the authenticity of documents through various means and using the tools and resources at its disposal.