51ÁÔÆæ

Performance Notice The Tribunal finds that this Notice was not reflected in the Applicant¡¯s ePAS and was not placed on the Applicant¡¯s Official Status File. The Tribunal concludes that the Performance Notice issued to the Applicant has not, in and of itself, affected his legal rights. Having found that his legal rights were not affected by the decision to issue the Performance Notice, it is not necessary for the Tribunal to consider the Applicant¡¯s other submissions in relation to this issue. Complaint of harassment and discrimination The Tribunal considers that, having received allegations of...

The Tribunal found that the application was not receivable rationae materiae and rejected it.

Receivability: The Tribunal concluded that MEU had taken a rather restrictive view of the nature of the Applicant¡¯s request when it deemed it to be irreceivable. While it cannot be disputed that the Applicant requested closure of the investigation against him, and the investigation was closed, he also listed a number of instances that, in his view amounted to ¡°violations of procedural fairness¡±. The procedural matters did not exist in a vacuum but were connected to the investigation. The closure of the investigation notwithstanding, the Tribunal found that there were still live issues that...

The Tribunal deemed that it was established that in October 2013, the Applicant, a staff member of UNHCR in Turkey, had travelled to Syria in her capacity as a member of a delegation of the Women International Democratic Federation, responding to an invitation received from the Syrian Arab Republic General Women Union. During that visit, she attended a meeting with the President of Syria during which she handed him a flag with the words ¡°Do not yield¡± in Turkish. A picture of that encounter was taken and published in a Turkish online newspaper. The Tribunal considered that in view of the clear...

Taking into consideration the Respondent¡¯s response that the internal processes had not yet reached finality, the Tribunal found that it would not be appropriate to consider the matter until such time as all applicable and relevant procedures had been concluded. Consequently, the application was deemed premature and dismissed as irreceivable.

The fact-finding panel established that the allegations were well founded and the conduct in question amounted to possible misconduct. In the circumstances, the mandatory language of section 5.18(c) of ST/SGB/2008/5 required a referral to the ASG/OHRM for disciplinary action in accordance with the applicable disciplinary procedures. Failure to make such a referral on the part of the Head of Mission was an error of procedure which denied the Applicant his contractual right to be afforded the benefit and protection against prohibited conduct in accordance with ST/SGB/2008/5. The Administration...

The Tribunal rejected the application on the merits.

The Tribunal found that the Applicant¡¯s due process rights had been respected, that the facts on which the disciplinary measure was based were established and amounted to misconduct, and that the disciplinary measure was proportionate to the offence, and rejected the application. Misconduct: Under the relevant rules, misrepresentation, forgery or false certification in connection with an official claim or benefit¡ªwhich can include failure to disclose a fact material to that claim or benefit¡ªcan be ¡°wilful, reckless or grossly negligent¡±. Gross negligence is defined as ¡°an extreme or aggravated...

Investigations in disciplinary proceedings - Investigators should obey the paramount considerations of fairness, detachment and scrupulous objectivity. Evidence of bad character or disposition to establish that show that an individual being investigated has a propensity to commit an act of misconduct should not be relied on unless a past act of misconduct is also part of the investigation. Such evidence cannot lightly be invoked or presented in a court of law and it should not influence the findings of an investigator or those whose responsibility it is to initiate disciplinary proceedings...

Standard of proof in disciplinary cases - In disciplinary proceedings it is well settled now that the evidence must be clear and convincing and that would include identification evidence. Evidence of misconduct must be clear and convincing. Findings of fact by the trial judge - As a trier of facts, a first instance judge has the means and power to assess the veracity and accuracy of a witness. The findings of fact of a trial judge should rarely be reversed on appeal unless the findings are so perverse that no reasonable person would have come to the conclusions reached on the facts by the...