51ÁÔÆæ

UNAT held that UNDT had committed various errors of law, fact, and procedure. UNAT held that the whole reasoning of UNDT was misconstrued and UNDT did not properly examine the lawfulness of the disciplinary sanction. UNAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of UNFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another UNFPA vendor. Further, UNAT held that there was...

UNAT held that there was no difficulty in principle regarding the admissibility of the secretly recorded conversation based on the way it was procured, even though it may have involved an element of entrapment; however, UNAT was concerned that the probative value of the evidence depended upon the credibility of a person who did not testify before the UNDT. UNAT noted that the content of the contemporaneous emails which supported the transcript of the telephone conversation remained hearsay unless it was confirmed by the authors or recipients of the emails and that none of the authors or...

UNAT disagreed and distinguished the case at hand with the two cases cited by the UNDT. UNAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, UNAT concluded that the misconduct...

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...

It was a reasonable exercise of the Commissioner-General¡¯s discretion to determine that intentionally abusing a position of power and trust against a beneficiary of UNRWA in a vulnerable situation rendered Mr. Al Khatib unfit for further service with the Agency, and separation from service without termination indemnity was neither unfair nor disproportionate to the seriousness of the offence.

The impugned UNRWA DT Order clearly comes within its competence to issue appropriate case management orders. It did not exceed its competence or jurisdiction in issuing Order No. 123, and Mr. Zaqqout is not prevented from attacking the interlocutory order later if he appeals the final judgment of the UNRWA DT on the merits.

UNDT ordered the applicant to show cause why his appeal against dismissal should not be struck out on the ground that it had no reasonable prospect of success. The applicant failed to respond. UNDT found that the order to show cause was properly served on the applicant and that SIU¡¯s investigation produced clear evidence establishing the facts supporting the charges. UNDT further found that there was no procedural irregularity, improper motive, or abuse of power, and that the sanction of summary dismissal was a fair and proportionate response. Outcome: The application was struck out in its...

The applicant was given the opportunity of providing arguments and submissions which may tend to show that he had an arguable case. He has failed to do so. There was ample evidence before the Secretary-General to support a finding of serious misconduct. The internal disciplinary investigations complied with the principles of natural justice. There were no procedural irregularities in the investigation and the sanction of summarily dismissal was proportionate to the misconduct.

The P-11 clearly states that any misrepresentation or material omission made on a P-11 or other document requested by the Organization renders a staff member of the United Nations liable to termination or dismissal. The Applicant deliberately submitted a P-11 misrepresenting his educational background and submitted a certificate which he knew to be forged. Therefore, UNHCR decision to summarily dismiss the Applicant was well-founded.

When the Applicant filled his PT8 form, he claimed daily subsistence allowance (DSA) for the period he would spend in Geneva for training purposes when he was fully aware that he was proceeding there to meet with an NGO or to have consultations with colleagues at HQ. As the purpose of his travel had changed he used funds earmarked for training for a different purpose without obtaining prior written authorisation. There was a note on his PT8 form that during January, the Applicant was on leave but this was not sufficient to absolve him. He received DSA for the period he was away from the...