Juge Meeran
There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.
Outcome: The application was held to be out of time. The Tribunal did not find this case to be exceptional. The application was dismissed.
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...
The applicant was given the opportunity of providing arguments and submissions which may tend to show that he had an arguable case. He has failed to do so. There was ample evidence before the Secretary-General to support a finding of serious misconduct. The internal disciplinary investigations complied with the principles of natural justice. There were no procedural irregularities in the investigation and the sanction of summarily dismissal was proportionate to the misconduct.