¹ú²úAV

2012-UNAT-237

2012-UNAT-237, Bagula

UNAT Held or UNDT Pronouncements

UNAT held that the complaints against the Appellant were very serious and intolerable for any employer. UNAT held that UNDT had correctly concluded that the case against the Appellant stood substantiated and corroborated and the evidence sufficiently supported the charge of improperly soliciting and receiving money from local people in exchange for their recruitment and service as UN staff. UNAT held that during the teleconference the Appellant had produced two impostors as witnesses, who testified that they had lied to the investigators and made false allegations against the Appellant. UNAT held that the credible and reliable evidence of the witnesses and the contemptuous conduct of the Appellant could only lead to the conclusion that the Appellant was guilty of the charge of soliciting and accepting bribes. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate him from service without notice or compensation in lieu. UNDT found that the evidence sufficiently supported the charges against the Applicant and was credible and properly acted upon. UNDT rejected the application and awarded costs against the Applicant by recommending that the Administration withhold all final entitlements due to him for the purpose of satisfying his legally established obligations. The Applicant appealed.

Legal Principle(s)

Left deliberately blank

Outcome
Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants
Bagula
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Language of Judgment
Issuance Type