UNDT/2009/009 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2009/009, Kouka

UNAT Held or UNDT Pronouncements

UNDT ordered the applicant to show cause why his appeal against dismissal should not be struck out on the ground that it had no reasonable prospect of success. The applicant failed to respond. UNDT found that the order to show cause was properly served on the applicant and that SIU’s investigation produced clear evidence establishing the facts supporting the charges. UNDT further found that there was no procedural irregularity, improper motive, or abuse of power, and that the sanction of summary dismissal was a fair and proportionate response. Outcome: The application was struck out in its entirety.

Decision Contested or Judgment Appealed

The applicant was summarily dismissed for serious misconduct based on the findings that he had diverted fuel belonging to the Organization for his own personal use and falsified official records in relation to the supply of fuel in an attempt to conceal his misconduct. These findings were in turn based on the investigation carried out by the Special Investigation Unit (SIU) of MINUSTAH.

Legal Principle(s)

Review of disciplinary matters: Mentions principles of natural justice and internationally recognized standards for reviewing administrative actions in relation to disciplinary matters in an employment context, citing (with approval) Kiwanuka.

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.

Full Judgment

Applicants/ Appellants

Kouka

Entity

UN Secretariat

Case Number(s)

UNDT/NY/2009/062/JDC/2009/009

Tribunal

UNDT

Registry Location :

New York