51�Թ�

N/A

The case of misconduct against the Applicant was established by clear and convincing evidence. The Appeals Tribunal has previously made findings on staff members whose occupations within the United Nations system place them in “positions[s] of trust” and held that a breach of that trust impacts negatively “on the issue of proportionality.” Security officers within the United Nations system similarly occupy positions of trust, charged as they are with the protection of personnel and property of the United Nations. In established cases of theft, the sanction is usually severe. The sanction of...

1)Disciplinary sanction The Applicant failed to disclose that her husband had been employed by UNICEF vendors during the Applicant’s employment with UNICEF and these material facts on which the disciplinary measure was based have been sufficiently established and were not in dispute between the parties. The legal framework is sufficiently clear in determining that a conflict of interest may exist even where there is only the possibility that the staff member or the private business with which he or she may have association could benefit from such association. The Administration properly...

As of the date of this Judgment, the Applicant has failed to comply with the Tribunal’s orders. The Applicant did not submit an updated medical certificate explaining his failure to comply. The proceedings cannot continue when Counsel is not instructed by her client. The Applicant was no longer interested in the pursuit and outcome of the legal proceedings, which were therefore be deemed to have been abandoned, and the matter was therefore dismissed for want of prosecution.

No new evidence is to be filed by the parties with their closing submission and pursuant to the principle of equality of arms, both parties must have the opportunity to test the evidence on record. Disciplinary proceedings within the Organization do not amount to criminal procedures. Use of video footage from an external entity during the investigation is not illegal as UNHC rules provide that investigators may avail themselves of external supporting evidence. Sick leave requests must be approved by a staff member’s service/Human Resources section or the respective Medical Service. The...

The Tribunal noted that the Applicant had not offered any statement, or evidence, which would contradict the fundamental findings of the disciplinary process regarding the objective element of the impugned conduct, that is, that he made requests largely based upon incorrect information. The Tribunal thus concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested the decision. The Tribunal also established that the Applicant acted in violation of staff regulations 1.2(b) and 1.2(q), and staff rule 1.7 and hence his actions amounted to...

The Respondent had no clear and convincing evidence on which to decide on dismissal of the Applicant for violating Ivorian law in 2007 by accepting payment to produce false passports and committing fraud. On a literal interpretation of staff regulation 1.2(b), the Applicant engaged in misconduct. His negative response to the PHP question about prior indictments, fines or imprisonment amounted to an intentional withholding of required information pertinent to the Organization’s background integrity checks. The answer was neither truthful nor honest. The Applicant certified in his PHP that he...

The act of cheating in which the Applicant engaged did not necessitate the use of her UNDP email address. Therefore, the use of the UNDP email address is a distinct and separate from assisting AA in cheating. Considering that the Applicant was a senior staff member, that she had a personal interest in the outcome of the tests in that the person she assisted was her partner, and that the assistance that she provided was significant as she provided AA with full written answers to the test questions, which he then almost completely copied and submitted, the nature and gravity of the Applicant’s...

UNDT held that the Applicant had no authority to demand a performance guarantee from an NGO Coordinator and that the Applicant’s intention was not to keep a performance guarantee, but rather to obtain a bribe from the NGO Coordinator. UNDT held that it was not convinced of the probative value of the alleged handwritten note which the Applicant claimed was evidence of his intention to request a performance guarantee. On the issue of the Applicant returning the alleged performance guarantee, UNDT held that the real intention of the Applicant and the Senior Programme Assistant was to avoid the...

The Administration has to prove their allegation of breaches of the Staff Regulations and Staff Rules. The Tribunal took the view that the case of misrepresentations had been proven by clear and convincing evidence. While the Applicant made several submissions in mitigation, she did not introduce any facts that constituted a denial of the breaches alleged. The Organization must maintain standards and be fair to all concerned. Consequently, if others were rejected for employment during the recruitment process because they were not qualified, then this should be the position across the board...