UNDT/2024/108, Egenhoff
The Application was granted in part.
The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year’s net base salary.
In all other respects, the Respondent’s decision is AFFIRMED and the Applicant’s prayers refused.
The Applicant challenged his separation from service based on misconduct arising from the misuse of his position and engaging in a conflict of interest.
The Tribunal concluded that the Applicant's conduct in providing confidential information to a close colleague external to the organization constituted misconduct.
However, the Tribunal held that the sanction of separation from service with compensation in lieu of notice and without termination indemnity was excessive, and that in light of mitigating factors, the desired result of imposing a disciplinary action could have been achieved by a written censure.
Accordingly, the Tribunal rescinded the decision to separate the Applicant and directed the Respondent to impose the disciplinary measure of written censure instead.
The Tribunal further concluded that the evidence did not support that the Applicant’s condition of burnout and exhaustion resulted from the imposition of an excessive and disproportionate sanction.