UNDT/2013/149

UNDT/2013/149, Machanguana

UNAT Held or UNDT Pronouncements

The Tribunal finds, inter alia, that the Applicant’s act of altering the number of hours he had worked without the authorization of his first reporting officer amounted to inexcusable alteration of official documents and material misrepresentation of facts. The principle of proportionality means that an administrative action should not be more excessive than is necessary for obtaining the desired result. The requirement of proportionality is satisfied if a course of action is reasonable, but not if the course of action is found to be excessive.

Decision Contested or Judgment/Order Appealed

On 20 June 2012, the Applicant filed an Application contesting the administrative decisions to demote him from GS-7 to GS-6 and to censure him vide a letter of censure placed in his Official Status File.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

Outcome Extra Text

The Application is dismissed with costs.

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.

Full Judgment

Applicants/Appellants

Machanguana

Entity

UNICEF

Case Number(s)

UNDT/NBI/2012/38

Tribunal

UNDT

Registry

Nairobi