2010-UNAT-022 | SYSTEM OF ADMINISTRATION OF JUSTICE

2010-UNAT-022, Abu Hamda

UNAT Held or UNDT Pronouncements

UNAT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. UNAT affirmed the Commissioner-General’s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, UNAT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written censure.

Decision Contested or Judgment Appealed

UNRWA decision: The staff member was demoted from grade 12 to grade 10 with loss of salary, for misconduct. He appealed the demotion decision to the former JAB which found that there was “sufficient and cogent evidence” to support the decision to demote him. The Commissioner-General approved the former JAB’s findings.

Legal Principle(s)

When reviewing a sanction imposed by the Administration, UNDT and UNAT need to examine whether the facts on which the sanction is based are established; whether the established facts legally amount to misconduct; and whether the disciplinary measure applied is disproportionate to the offense.

Outcome

Appeal granted in part

Outcome Extra Text

Only specific performance

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Abu Hamda

Entity

UNRWA

Case Number(s)

2010-027

Tribunal

UNAT

Registry Location :

New York