UNDT/2025/090, Sizakele Verona Myeni
- The Respondent’s motion for summary judgment was granted.
- The application was dismissed in its entirety as not receivable.
The Tribunal denied the Motion as irreceivable and rejected the Applicant’s request for an extension of time to file his substantive application.
The Tribunal held:
a. The evidence demonstrated that the Applicant was not credible, particularly in his denial of misconduct during the incident in the Complainant’s container.
b. The facts upon which the disciplinary measure was based had been established by clear and convincing evidence.
c. The established facts about the Applicant’s behaviour in the Complainant’s container room that evening amounted to misconduct.
d. The disciplinary sanction imposed on the Applicant was proportionate.
e. The Applicant's due process rights were not violated during the UNHCR Inspector General’s Office ...
The Victim clearly had a motive not to tell the truth before the Tribunal. And she had an interest in the outcome of this case since continued payments fromthe Applicant depended on his continued employment with the United Nations in Congo. She even agreed that she was concerned about how she would survivewithout financial support from the Applicant. For all these reasons, the Tribunal did not find her testimony in court to be credible and relied instead on the statements she made before the Applicant’s payments. A similar analysis applied to the Applicant’s testimony. He too had an obvious...
The Tribunal rescinded the decision not to select the Applicant for Job Opening # 214053 due to unlawful bias, with an alternative to pay Applicant two years of the difference in pay between his current position and the would have been new post, had he been selected in the challenged process.
Persuant toArticle 10.8 of the Dispute Tribunal Statute the Respondent’s counsel is referred to the Secretary-General of the United Nations for possible action to enforce accountability for his false statement and related misconduct in these proceedings, and to his national bar authority for such...
The Court held that the application was not admissible because none of the elements that justified a stay of action were present. The Court held that the administrative measure was moot and inadmissible because the contested administrative measure had been explained and an additional step had been taken to eliminate any possibility of prejudice to the appeal.