The Tribunal’s findings were that the Respondent had sufficiently substantiated his allegations against the Applicant. It also found that due process had been afforded to the Applicant. Given that the Applicant failed to abide by staff regulation 1.2 (b) and former staff rule 110.1, the Tribunal concluded that the decision to summarily dismiss the Applicant was proportionate to the nature of the charges.
In view of the evidence available and the Applicant’s refusal to disclose evidence that could exonerate her and that she alone could have produced, the Tribunal considered that the facts on which the disciplinary measure was based had been established. Section 20 of the Convention of the privileges and immunities of the United Nations provides that privileges such as VAT exemption are granted to staff members in the interests of the United Nations and not for the personal benefit of the individuals themselves. Section 21 further provides that the United Nations shall cooperate at all times...
The Respondent having conceded that his summary dismissal of the Applicant was a flawed decision, the only issue before the Tribunal was the matter of compensation and other entitlements due to the Applicant. The payment of a sum equivalent to two years net base salary to the Applicant in the circumstances was sufficient compensation for non-reinstatement. The Tribunal rejected the relief sought for an international posting in lieu of reinstatement or the payment of the equivalent of twenty-one years salary. The payment of a sum equivalent to six months salary to the Applicant was sufficient...
The Tribunal found that the Applicant’s rights to defence had been breached during the disciplinary procedure because the investigation report and all its attachments had not been shared with him. It concluded however that such a procedural flaw did not affect the established facts, since the Applicant had admitted to them, and did not warrant the rescission of the contested decision, since the established facts amounted to misconduct. The Tribunal nevertheless rescinded the summary dismissal on the ground that it was disproportionate to the established facts. It ordered: (i) the reinstatement...
Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...
The Administration did not have a legal obligation towards the Applicant to take action at any stage in relation to the fraud. No legally relevant relationship between OCHA and the Applicant existed; the fact that the Applicant’s aunt submitted her applications to a UN staff member did not create such a relationship. No Organization is bound to respond to uninvited applications for jobs that the Organization had not previously announced. Neither OCHA nor any other Organization can be made liable for criminal abuse of its name and reputation.The Applicant, who resigned from her post in UNFPA...
It was common cause that the Applicant had committed misconduct by submitting falsified information to an outside public entity (New York City Housing Development Corporation), including a forged letter from another United Nations staff member, in order to qualify for a subsidized apartment. The only legal issue before the Tribunal was whether the disciplinary measure imposed on the Applicant was proportionate to the established misconduct. The Tribunal found that the Applicant’s actions amounted to serious misconduct and that it was reasonable for the Respondent to conclude that the...
The fact that the attempt to defraud the medical claims system was not successful did not diminish the Applicant’s liability in having made a false claim, as such; his actions destroyed the faith of the Organization in the Applicant which was necessary for continuing employment relationship. Proportionality: Although comparison between other similar cases can be referred to, they should be treated with caution as every case turns on its own facts. In determining whether to lessen the imposed sanction, the Tribunal will consider mitigating circumstance that had not been previously considered....
The Tribunal noted that the delegation of authority in disciplinary matters from the SG to the USG for Management in July 2009 had not been published and as such lacked a substantial requirement for taking legal effect. Moreover, the Tribunal found that the USG for Management could not further delegate this power to another person, since any kind of “sub-delegation” should have been provided for in the initial delegation of authority by the SG to the USG for Management, which was not the case. The decision to dismiss the Applicant was taken by the OIC, USG for Management. The Tribunal found...
The Applicant’s rights were respected in compliance with ST/AI/371. The Applicant failed to establish any irregularities in the procedure followed to impose the disciplinary measure on him. It was clear from the investigation that there were several irregularities in the supporting documents submitted by the Applicant. These irregularities were sufficiently disturbing to strongly suggest that the said invoices were falsified. The facts on the basis of which the Applicant was sanctioned were established. The Applicant’s actions constituted professional misconduct within the meaning of the...
