UNDT/2025/005, Herve Wamara Tibenderana
On delegation on authority, the Respondent argued that the presumption of regularity avoids the need for proof absent a prima facie case. This argument is entirely correct. The Respondent was required to and submitted email correspondence between the ASG/OHRM and the USG/DMSPC regarding this case. In that correspondence, the ASG/OHRM attaches her recommendation to impose a disciplinary sanction on the Applicant, along with a “detailed analysis in the body to the recommendation.” In response, the USG/DMSPC writes“Recommendation approved.” The Tribunal was therefore convinced that the contested...