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371-438 Judgements of the United Nations Administrative Tribunal 1 (1986-1988)

handle is hein.unl/junadtt0008 and id is 1 raw text is: ADMINISTRATIVE TRIBUNAL Judgement No. 371 Case No. 328: LEBAGA Against: The Secretary-General of the International Maritime Organization THE ADMINISTRATIVE TRIBUNAL OF THE UNITED NATIONS, Composed of Mr. Arnold Kean, First Vice-President, presiding; Mr. Herbert Reis, Second Vice-President; Mr. Luis M. de Posadas Montero; Whereas on 11 April 1984, Joseph Langmia Lebaga, a former staff member of the International Maritime Organization, hereinafter referred to as IMO, filed an application against the decision of the Secretary-General of the IMO to dismiss him for misconduct, effective 30 April 1983; Whereas in paragraphs XI and XII of Judgement No. 340, delivered on 2 November 1984, the Tribunal held that the decision of the Respondent to dismiss the Applicant from the service of IMO was founded upon a report of the Disciplinary Board which was vitiated for lack of due process and that the decision of the Respondent therefore cannot stand. It found that the charges against the Applicant have not been proved by evidence received in accordance with due process of law. Whereas paragraph XIII of Judgement No. 340 reads as follows: XIII. Accordingly, the Tribunal orders the rescinding of the decision of the Respondent but if the Respondent decides that, in the interest of the Organization, no further action shall be taken in the Applicant's case, the Tribunal orders

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