2015-UNAT-510

2015-UNAT-510, Cobarrubias

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. UNAT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters, with which it would not lightly interfere. UNAT held that UNDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. UNAT vacated the UNDT judgment.

Decision Contested or Judgment/Order Appealed

Mr Cobarrubias contested the decision to impose upon him the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, for misconduct in the form of storing emails containing pornographic, violent and otherwise inappropriate material. UNDT found that the alleged facts had been established but concluded that the sanction was disproportionate and substituted it for a lesser sanction.

Legal Principle(s)

It is not the role of the Tribunal to substitute its own decision for that of the Secretary-General.

Outcome

Appeal granted

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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

Cobarrubias

Entity

Case Number(s)

2014-582

Tribunal

UNAT

Registry :

New York

Date of Judgement