51�Թ�

The main evidence against the Applicant was the testimony of the driver who claimed that he had been asked by the Applicant to bring a carton to Dire Dawa. The Respondent claimed that a printer was missing from the inventory list. The driver’s testimony was credible, especially since he was able to provide precise details on the printer’s bar code and the serial number. In view of the overwhelming evidence that the Applicant had shown a pattern of misconduct, including the storage of obscene material on his official computer, the Tribunal was satisfied that the Respondent established a prima...

The Tribunal found established the facts of which he was accused and considered they constituted misconduct, no irregularity was identified in the procedure and the sanctions were not deemed disproportionate. However, unlike the written censure and demotion, the prohibition of promotion for a certain period of time was not among the range of disciplinary measures foreseen in former staff rule 110.3 (a), which rendered its imposition unlawful, pursuant to the principle nulla poena sine lege. Hence, the said sanction was rescinded and CHF1000 granted as compensation for the loss of chances...

The charge relating to the unauthorized use of the UNON ID card to gain access to the UN premises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse UN privileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the UN Commissary. Based on the evidence, the Tribunal found that on the balance of...

The Tribunal finds that the decision to summarily dismiss the applicant is not tainted by any irregularity, that the facts are established, that they amount to misconduct and that the sanction of summary dismissal is proportionate to the seriousness of the misconduct. UNDT jurisdiction: The Tribunal has no power to compel a person external to the Organization to appear before it as a witness. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine whether the procedure followed was regular, whether the facts in question are established, whether...

Attempted theft: In the instant case, the Applicant’s counsel cites the 23 June 2011 Judgment and argued that “it follows that whereas the offence of an attempt to commit an act that could amount, if completed, to misconduct is not envisaged as a sanctionable offence within the prevailing legislative framework of the United Nations, the dismissal of the Applicant must be held to have been ultra vires.” This interpretation and application of the Tribunal’s reasoning in the said judgment to this case and the Applicant’s circumstances is misconceived and misleading. This is because the offence of...