Ms. Specker appealed. The UNAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The UNAT noted that Ms. Specker’s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

In all the circumstances, the Respondent failed to prove by clear and convincing evidence the basis for the finding of misconduct that led to the Applicant’s dismissal. There was no clear and convincing evidence of any factual basis for a finding that the Applicant committed the actions as alleged. The Tribunal found that due process was observed. However, the failure to interview appropriate witnesses adversely detracted from the standard of proof of misconduct achieved by the Respondent. That standard did not reach the level of a clear and convincing case. Of the remedies sought by the...

The Tribunal recalled its observations in Fultang UNDT/2022/102 filed by this Applicant. The measure is provided in the interest of the Organization; and was fully justified by the need to preserve evidence and to avoid the risk of repetition or continuation of further acts similar to those the Applicant was accused of.

The Tribunal found that the use of the investigation report was not subject to the confidentiality agreement between the parties; it was an autonomous document, which was lawfully used in court. The decision did not constitute a disciplinary measure. It was taken pending the completion of the disciplinary process and was without prejudice to the Applicant’s rights. More than one circumstance warranting the placement of the staff member on ALWP occurred. The Applicant could be dismissed or separated from service with the United Nations for breach of the duty of trust and confidence, in...

Whether the facts on which the disciplinary measures were based have been established There is evidence that the Applicant improperly interfered with the recruitment exercise for the position of LSA Sulaymaniyah. Also, the Applicant does not dispute the fact that he did not report potential misconduct on the part of his supervisor. Accordingly, the Administration has established to the requisite standard of proof the facts on which the disciplinary measures were based. Whether the established facts legally amount to misconduct The Administration correctly determined that:

a. By moving Mr. D...

Mr. Branglidor appealed. UNAT found that the totality of the evidence confirmed the UNDT’s conclusion that Mr. Branglidor was well aware of the untruthfulness of the forms when he submitted the second claim for the regular disbursement of the education grant. UNAT was satisifed that the UNDT was correct when it held that the act of misconduct was committed with knowledge and intent. Even though the misconduct did not lead to any actual prejudice, since the Administration recovered the payment made in advance and did not pay any further education grant, Mr. Branglidor’s endeavor could have...

UNAT held that the Appellant merely repeated arguments raised before UNDT regarding the evidence. UNAT accepted UNDT’s finding that there was clear and convincing evidence to establish the facts underlying the allegations of misconduct. UNAT held that UNDT applied the appropriate legal standard, namely clear and convincing evidence. UNAT held that UNDT heard the evidence of the complainant, other material witnesses, assessed the credibility and reliability of the testimony under oath before it, determined the probable facts and then rendered a decision as to whether the onus to establish the...

UNAT affirmed the UNRWA DT Judgment. Regarding the deduction of a sum of money from his separation benefits, UNAT agreed that this claim was not first submitted for decision review. Regarding his separation from service without termination indemnity, UNAT also found no error in the UNRWA DT Judgment. The Tribunal agreed with the UNRWA DT that the bank statement did not contain the correct amount and that the invoices he submitted did not relate to genuine purchases. UNAT was satisfied that: (i) the facts on which the disciplinary measure was based had been established by clear and convincing...

UNAT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. UNDT/2012/142. UNAT dismissed Ms A. Nourain’s appeal as she was not a party to the proceedings and had no standing to appeal. UNAT held that the facts were not disputed; the misconduct had been established and so had its seriousness. UNAT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. UNAT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

UNAT considered appeals by both the staff member and the Commissioner-General. UNAT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. UNAT held that termination was not disproportionate to the offence, taking into account that the staff member’s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. UNAT held that UNRWA...