51ÁÔÆæ

The staff member appealed to UNAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the UNICEF job. UNAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an ¡°official act¡± and as such carried with it ¡°the presumption of regularity¡±. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...

When termination was the possible outcome of the investigation, each allegation of misconduct must be established by clear and convincing evidence; in other words, the truth of the facts asserted must have been highly probable. The only rule cited as applicable in this case referred to a blood alcohol level as a measure of intoxication. The Applicant was not subjected to a blood test. TheTribunal found that there was no clear or convincing evidence before the Respondent that the Applicant drove while intoxicated. There is no rule prohibiting United Nations staff from having a drink of alcohol...

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 acts of sexual harassment committed by the Applicant were of such a persistent and offensive nature that in keeping with the Organization¡¯s zero-tolerance policy he could not remain on the job. However, the Organization¡¯s policy on care and support for persons suffering with mental illness was also clear. The Applicant¡¯s behaviour was influenced by severe mental illness. The illness ought to have been addressed in a more timely and considerate manner by the Respondent by denying his clearance to return to work in March 2015 and in August 2016. He may then have retired due to ill-health...

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...

- Having weighed both accounts of the factual background of the case, alongside the evidence on record, the Tribunal finds that there was clear evidence of unsatisfactory performance during the period leading to the Applicant¡¯s separation from service. Thus, it finds no wrong in the decision to terminate the Applican¡¯s continuing appointment. - The accidents reported by the Applicant occurred after she received the letter terminating her contract effective immediately. Hence, at the time of the accident the Applicant was no longer a staff member of the Organization. As a result, she was not...

The IOO audit, indeed, did not have the character of a disciplinary investigation into any possible wrongdoing(s), including misconduct, of the Applicant. Rather, as argued by the Applicant, it appears that no disciplinary process whatsoever was undertaken. Consequently, the Applicant was not afforded any of the mandatory procedural safeguards outlined in para. 35(a)-(c) of the Judgment, namely (a) the right to be advised of the allegation of misconduct, (b) the right to comment thereupon, and (c) the right to be represented be a lawyer before the decision on misconduct was made and the...