UNDT/NBI/2023/010

1. The Tribunal noted that the Applicant had previously raised the same issue before both the Dispute Tribunal (Fultang UNDT/2022/102) and the Appeals Tribunal (Fultang UNAT-2023-1403). The Dispute Tribunal had found the documents in question admissible. The Appeals Tribunal affirmed this finding. 2. The Tribunal, therefore, held that since the issue had been fully litigated by the parties previously, it was subject to the doctrine of res judicata. Thus, the subject documents were deemed admissible in the proceedings. 3. The Tribunal further concluded that even if...

The Tribunal observed that the facts of this case were very clear from the testimony and record. The Applicant admitted that the hotel receipts he provided to the Organization were false. The Tribunal, thus, held that the Respondent had proven by overwhelming evidence, beyond all possible doubt, that the Applicant submitted false receipts for reimbursement and that, as a result, he was paid USD18,519.12. The Tribunal, further, established that there was clear and convincing evidence that the Applicant owed the Organization at least USD17,213.

Regarding misconduct, the Tribunal concluded that...