Aggravating/mitigating factors

The Tribunal, based on the evidence on the record, established that there was clear and convincing evidence that the Applicant was involved in the fraudulent scheme and in the attempt to interfere with the investigation into that scheme by inducing a witness to lie to investigators.

Regarding misconduct, the Tribunal concluded that it was clear that the established facts qualified as serious misconduct.

On the due process prong, the Tribunal concluded that the Applicant’s due process rights were respected during the investigation and disciplinary process.

On whether the sanction was...

UNAT considered an appeal that centred on whether the Appellant should be awarded enhanced compensation of three months’ net base salary. UNAT held that UNDT did not make a reversible error in declining to award compensation for moral suffering. UNAT held that the case was distinguishable from Mebtouche (UNDT/2009/039), where the Applicant, Mr Mebtouche, had already retired and had no chance of being promoted, therefore enhanced compensation was justified. UNAT held that enhanced compensation could not be awarded to the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. UNAT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to UN staff. UNAT held that budgetary considerations could not trump the requirement of equal treatment. UNAT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that UNDT awarded damages from the correct date. UNAT held that the Administration’s allegation that UNDT usurped the Secretary-General’s...

UNAT considered an appeal by the Secretary-General. UNAT recalled that UNAT expressly held in Mmata (judgment No. 2010-UNAT-092) that Article 10. 5 of the UNDT Statute limited the total of all compensation to the equivalent of two years’ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. UNAT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

UNAT held, agreeing with UNDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel’s report to the participants of the SMT meeting and recipients of the minutes. UNAT held that the reprimand in the offender’s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe’s reputation and career. UNAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

UNAT held that requesting management evaluation was a mandatory first step. UNAT found that that the Personnel Action forms could not be construed as adequately notifying the Appellant of the relevant administrative decision to process his retirement and separation from service. UNAT held that the memorandum that gave instructions pertaining to the Appellant’s separation from service and repatriation to his home country triggered the time limit to seek management evaluation. UNAT held that the Appellant failed to seek a management evaluation within that time. UNAT held that UNDT’s finding that...