UNDT/2017/032

UNAT Held or UNDT Pronouncements

The Applicant did not conduct herself with the “honesty and truthfulness” that was expected of her. The Tribunal further found that the Applicant placed herself in a position in which her interests conflicted with those of the Organization.

Decision Contested or Judgment/Order Appealed

Separation from service.

Legal Principle(s)

While the Secretary-General has wide discretion in applying sanctions for misconduct, he “must adhere to the principle of proportionality.” In reviewing the exercise of his discretion, the court has been urged to show “due deference” to the Secretary-General’s obligation to “hold staff members to the highest standards of integrity.” As a general rule, courts do not interfere with the “exercise of a discretionary authority unless there is evidence of illegality, irrationality and procedural impropriety.”

Outcome

Dismissed on merits

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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.

Applicants/Appellants

Anyetei

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement