51ÁÔÆæ

The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant¡¯s case was that the disciplinary...

The Respondent had no clear and convincing evidence on which to decide on dismissal of the Applicant for violating Ivorian law in 2007 by accepting payment to produce false passports and committing fraud. On a literal interpretation of staff regulation 1.2(b), the Applicant engaged in misconduct. His negative response to the PHP question about prior indictments, fines or imprisonment amounted to an intentional withholding of required information pertinent to the Organization¡¯s background integrity checks. The answer was neither truthful nor honest. The Applicant certified in his PHP that he...

Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse¡¯s and his father in law¡¯s involvement with two UNICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of UNICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...

UNDT held that the Applicant¡¯s due process rights were respected because she was afforded the opportunity to provide comments related to the administrative measures applied at every step of the process and was represented by Counsel. She also did not challenge the adversarial examination of the allegations that was undertaken. UNDT found that the facts in support of the administrative measures imposed were established as per the applicable standard of proof. UNDT held that the administrative measures imposed on the Applicant were rational and proportionate to the established facts, as well as...

UNDT held that the Applicant had no authority to demand a performance guarantee from an NGO Coordinator and that the Applicant¡¯s intention was not to keep a performance guarantee, but rather to obtain a bribe from the NGO Coordinator. UNDT held that it was not convinced of the probative value of the alleged handwritten note which the Applicant claimed was evidence of his intention to request a performance guarantee. On the issue of the Applicant returning the alleged performance guarantee, UNDT held that the real intention of the Applicant and the Senior Programme Assistant was to avoid the...

Regarding the Respondent¡¯s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...

There was clear and convincing evidence that the Applicant used his position of authority to unduly influence the continued employment of FM at GITTS, MINUSCA. The fact that the Applicant failed to disclose a conflict of interest arising from his sexual relationship with FM and his continued involvement in her recruitment at GITTS, MINUSCA were proved by clear and convincing evidence. The Applicant sent interview questions to the complainant, and there was clear and convincing evidence that the Applicant used his position of authority as Chief of GITTS, MINUSCA, to unduly influence the...

The Tribunal found that that there was clear and convincing evidence that the Applicant committed the misconduct complained of, and that the established facts qualified as misconduct under the Staff Regulations and Rules, further that the sanction was proportionate to the offence and was therefore lawful. The Tribunal also found that there were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant. The degree of sensitivity of the alleged misconduct did not constitute an exceptional circumstance warranting...

The established facts qualified as misconduct under the Staff Regulations and Rules. There was evidence that the totality of the circumstances, including mitigating factors such as the Applicant¡¯s long service with the Organization and her admission, albeit only after the Organization¡¯s discovery of her fraud, were considered in keeping with set principles. There was basis for the assertion that the practice of the Secretary-General in disciplinary matters shows that measures at the stricter end of the spectrum have normally been imposed by the Organization in cases involving falsification of...

The Tribunal finds that the recovery of CHF2,838 constituting financial loss occasioned to the Respondent through the Applicant¡¯s private phone calls is not a relevant consideration to the determination of the proportionality of the sanction. This is because the recovery is not a disciplinary measure within the meaning of staff rule 10.2(b)(ii) which expressly clarifies that recovery of monies owed to the Organisation is a not a disciplinary measure. The Applicant has failed to show that he deserves a more lenient sanction than the one imposed. His impecuniosity, resulting from the sanction is...