2010-UNAT-028

2010-UNAT-028, Maslamani

View this page as PDF
Full judgment

UNAT Held or UNDT Pronouncements

UNAT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant’s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. UNAT further held that the Appellant’s termination was legal and not disproportionate to the offenses. UNAT dismissed the appeal and affirmed the UNRWA decision.

Decision Contested or Judgment/Order Appealed

UNRWA judgment: The Applicant contested the decision to terminate his appointment. The UNRWA JAB found that the Applicant committed gross negligence by not properly reporting a case of cheating and failed to comply with the Agency’s contracting procedures. The JAB recommended that the Administration’s decision to terminate the Applicant be upheld and the Commissioner-General approved this recommendation.

Legal Principle(s)

The Commissioner-General has broad discretionary authority in disciplinary matters.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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.

Applicants/Appellants
Maslamani
Entity
UNRWA
Case Number(s)
2010-033
Tribunal
UNAT
Registry
New York
Date of Judgement
President Judge
Judge Painter
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Disciplinary matters / misconduct
Dismissal/separation
Failure to report misconduct
Separation from service
Termination of appointment (see also, Termination of appointment)
Termination (of appointment)
Disciplinary sanction