UNDT/2011/056, Deriche
The Tribunal finds that the facts on which the disciplinary measures are based were established. Judicial review of disciplinary sanctions (1): As the Applicant challenges the disciplinary measures on the sole ground that he did not commit the purported actions, there are no grounds for the Tribunal, once it has found that the facts are established, to consider whether these facts legally amount to misconduct and whether the sanctions imposed on the Applicant were proportionate. Judicial review of disciplinary sanctions (2): The circumstance that an investigation into misconduct might have been incomplete is no proof that the Applicant did not commit the alleged misconduct, provided that the evidence on file clearly establish that he/she committed the purported actions. Outcome: Application rejected on the merits
On 1 September 2006, an email denouncing the acceptance, by a staff member, of a gift from a Government representative, was sent anonymously to several senior UNHCR officials. After investigating the staff member’s purported conflict of interest, the Administration initiated another investigation, into the alleged unauthorised access to that staff member’s email account and subsequent retrieving and sending, under cover of an anonymous email, of an email addressed by that staff member to a Government representative. The Applicant was found to have committed these acts, and he was consequently imposed a written censure and a loss of two steps in grade. Before the Tribunal, the Applicant challenges these disciplinary measures, alleging that the facts on which the measures are based have not been duly established.
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