UNDT/2012/206, Jahnsen Lecca
Judicial review in disciplinary matters: In reviewing disciplinary matters, where the facts are established and undisputed, the Tribunal is to examine whether the facts in question constitute misconduct and whether the sanction imposed is proportionate to the misconduct. In this regard, the Tribunal may not intervene in the exercise of the Secretary-General’s discretionary authority, except in cases of obvious absurdity or flagrant arbitrariness.
The Applicant appealed the decision to impose on her the disciplinary measure of separation from service with compensation in lieu of notice and with termination indemnity. In the instant case, the Applicant did not contest the facts, taking without authorization a staff member’s property, namely a bicycle. But, the Applicant held that separation from service is disproportionate to the misconduct because she did not have the intent to steal the bicycle. The UNDT found that the disciplinary measure applied was proportionate to the misconduct and, for that reason, rejected the application.
N/A