51³Ô¹Ï

While DD refused to give testimony to the Tribunal, and not being a United Nations staff member is not obliged to do so, this does not by itself render his interview statement inadmissible or otherwise invalid.; The Tribunal notes that the crux of the present case is whether the comments and proposals of the Applicant were of inappropriate sexual nature, or if instead, they simply concerned the security and safety of the premises or otherwise were nothing but jokes and lighthearted remarks.; As the Tribunal rejected all the Applicant¡¯s submissions regarding the facts not having been...

The Applicant was separated from service for submitting false information in three claims for dental treatment to the Medical Insurance Plan provider, Cigna, for reimbursement. The Applicant¡¯s due process rights were respected because during the investigation he was properly informed of the subject and purpose of the interview and afforded sufficient notice. He also had no objections as to the conduct of the interview when asked at the end of his interview. With respect to the claim that the Applicant insisted was, in fact, genuine, the Tribunal concluded that the allegation had not been...

The Applicant¡¯s supervisor did not participate in the selection process for the four Representative positions in Uzbekistan, Ukraine, Bolivia and Nigeria, and for the position of Chief Gender and Human Rights. The Applicant¡¯s Supervisor¡¯s participation in the selection process for the Palestine position did not affect the integrity of the selection process. The Applicant was given full and fair consideration. The fact that the Rotation exercise and selection decisions for the positions in Uzbekistan, Ukraine, Nigeria and Palestine and the relevant Ethics Units determination and recommendation...

The Tribunal cannot review the merits of the Applicant¡¯s allegations of harassment or abuse of authority. Its jurisdiction is limited to the review of whether her resignation was caused by an action or inaction of Administration which was in violation of the applicable legal framework. The Applicant¡¯s resignation was not caused by an action or inaction of the Administration but was her unilateral decision. Accordingly, this aspect of the application does not concern an administrative decision capable of judicial review and is not receivable. ; Given that the Tribunal found that the Applicant¡¯s...

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...

There was clear and convincing evidence that the Applicant used his position of authority to unduly influence the continued employment of FM at GITTS, MINUSCA. The fact that the Applicant failed to disclose a conflict of interest arising from his sexual relationship with FM and his continued involvement in her recruitment at GITTS, MINUSCA were proved by clear and convincing evidence. The Applicant sent interview questions to the complainant, and there was clear and convincing evidence that the Applicant used his position of authority as Chief of GITTS, MINUSCA, to unduly influence the...

The established facts qualified as misconduct under the Staff Regulations and Rules. There was evidence that the totality of the circumstances, including mitigating factors such as the Applicant¡¯s long service with the Organization and her admission, albeit only after the Organization¡¯s discovery of her fraud, were considered in keeping with set principles. There was basis for the assertion that the practice of the Secretary-General in disciplinary matters shows that measures at the stricter end of the spectrum have normally been imposed by the Organization in cases involving falsification of...

The Respondent¡¯s argument that the Applicant did not request management evaluation of the contested decision within 60 days was rooted in the erroneous belief that the MOU, which expressly states that it constituted notice that the Applicant¡¯s appointment would not be renewed beyond 29 February 2020 and that she would be separated as a result, related to the Applicants general right to be reabsorbed into MINUSMA. The right to a general lien is intrinsic to a secondment, meaning that it is inalienable and so the Applicant could not have contracted herself out of it. The notice of separation and...

The Tribunal found that the contested decision was not based on improper motives as had been alleged by the Applicant. Rather, UNDP had acted farily and transparently. Thus the Tribunal held that there was no illegality, irrationality and unfairness in the impugned decision.

The Tribunal concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested decision. The mere fact that the Applicant had knowingly submitted unauthentic invoices and receipts to Cigna, that action consitituted a violation of staff regulation 1.2(b) and amounted to misconduct. The sanction letter dated 8 March 2019 demonstrated that the Administration had undertaken a proper consideration of the nature of the Applicant¡¯s actions as well as the mitigating and aggravating factors of the case. Accordingly, the disciplinary measure of...