51ÁÔÆæ

The Applicant is ¡°not contest[ing] the proportionality of the sanction(s) imposed¡±. Consequently, the Tribunal need only consider if not reporting another staff member¡¯s violation ST/SGB/2004/15 was correctly considered by the Respondent as being the Applicant¡¯s misconduct, whether his due process rights were respected and whether all the mitigating circumstances were taken into account. There is no evidence before the Tribunal that the Applicant requested, and was denied, either access to counsel or further opportunities to defend himself during the investigation conducted by OIOS. With...

Receivability Judgment Appealed: As the Applicant remains a staff member early resolution of this case is essential; the facts concerning the disciplinary case and the non-disciplinary issues of demotion are inextricably linked and all of the claims can be expeditiously heard together; the appeal against receivability will take several months to be resolved and will delay the determination of the disciplinary matter. Finally, the issue of receivability may be raised in an appeal against the final judgment on the merits. Written notice: Apart from the events which intervened, he suffered no...

Due Process: UNAT concluded in Molari that ¡°disciplinary cases are not criminal.¡± So therefore the right and rules pertaining to self-incrimination are purely associated with criminal procedure and therefore does not apply in this instance which is a disciplinary case. The Tribunal finds that she was provided systematically with the evidence, including the payslips in the course of the interview, in addition to an opportunity to review the record of interview. Ultra vires: In this case the person who took the decision as recorded in the letter of dismissal was the Under Secretary-General for...

Effect of the breach of due process rights: The Tribunal found that while the Applicant had been denied some of his due process rights at the investigation stage, this breach was cured by the subsequent court proceedings. Further, the Tribunal held that the sanction of summary dismissal was fully justified in view of: (i) the status of the Applicant in the procurement process of ECA; (ii) the fact that he contracted with United Nations vendors without disclosing that fact in clear terms; and (iii) the fact that he was engaged to some extent in the activities of two other companies without...

Due Process: It is UNAT jurisprudence that based on the staff rules there is no mandatory right to counsel for staff members who are undergoing interviews during the preliminary investigation of allegations for misconduct. Ultra vires: The author of the decision in this case was not the person who signed the 15 August 2011 dismissal letter but, as referred to in the letter, was the Under-Secretary-General for Management who took the decision on behalf of the Secretary-General. Pursuant to ST/AI 371/Amend.1, the decision-maker had the proper authority to do so and the decision was not ultra...

The Tribunal found that the Applicant had not suffered any material or moral prejudice. With regard to OSLA¡¯s refusal to provide her with legal assistance, the Tribunal found that the decision is not illegal since there was a conflict of interest . The Applicant is a staff member of OSLA and her application before the Tribunal concerns a written reprimand issued by her immediate supervisor, the Chief of OSLA.

Improper motives: The Tribunal held that the non-renewal of the Applicant¡¯s contract was motivated by improper motives in view of the fact that: (i) the Applicant¡¯s relationship with the UN Humanitarian Coordinator (HC), under whose leadership the Applicant was working, was hostile; and (ii) the HC and the Applicant¡¯s deputy, who had unsuccessfully competed for the Applicant¡¯s post, had gone to great lengths to undermine him and to tarnish his reputation with OCHA leadership.

Performance: The Tribunal held that while the Applicant may have made mistakes, shown an excessive zeal, or may have...

Harassment: The Tribunal held that the Applicant¡¯s actions in sending caustic emails and nude photographs of Ms. M, a MONUC staff member he had dated, to other United Nations staff members at their official United Nations email addresses and to their private email addresses constituted harassment within the meaning of ST/SGB/2008/5 in that the emails sought to belittle, humiliate and embarrass Ms. M and to compromise her reputation in a professional context. Proportionality of the sancton: The Tribunal held that the sanction was proportionate due to the fact that the Applicant¡¯s conduct on...

An ¡°effective remedy¡± under ST/SGB/2008/5: The Tribunal concluded that the Administration is obliged to provide an effective remedy where a complaint of harassment under ST/SGB/2008/5 is substantiated. The breadth of possible remedies that may be granted includes, but is not limited to, monetary compensation, rescission and injunctive or protective measures.

The Applicant considers that the disclosure requirements did not apply to him. The Respondent failed to establish that the Applicant was required to file a financial disclosure statement for 2006. The Tribunal rescinds the Applicant¡¯s written reprimand. Any record of it is to be removed from the Applicant¡¯s Official Status File.