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Applicant’s request for anonymization

The Tribunal found that the instant case is not comparable to AAE 2023-UNAT-1332 as the Applicant only refers to the“harm this case has caused” him and the “sensitive information” referred to in the case without providing further reasons for the Tribunal to deviate from the principles of transparency and accountability. Therefore, the Applicant’s motion was denied.

Receivability

The Tribunal clarified that the Applicant's reassignment to a post reflecting his new P-5 level after demotion is a separate administrative decision for which the Applicant did not...

The Tribunal held:

1. The Applicant repeatedly engaged in attempts of corruption by requesting money from at least six refugees in exchange for promising UNHCR services that should have been provided without charge. As a consequence, the decision to dismiss the Applicant was lawful.

2. The facts which the Applicant was accused of were proved in a consistent and unequivocal manner, and the Respondent fulfilled his burden to prove that the Applicant took bribes from some refuges, or at least that she asked for them.

3. The disciplinary measure was not based solely on anonymous statements...

The Tribunal held that:

a. The Applicant's continued violations over a year and one-half, despite a prior reprimand, numerous warnings, a clear directive, and a new investigation, clearly showed that he willfully disregarded the applicable rules prohibiting his wife from living with him in a non-family duty station.

b. By the preponderance of the evidence, the Tribunal was persuaded that the Applicant threatened another staff member, as was found by the Organization.

c.The Applicant’s threats and repeated violation of the housing rules amounted to serious misconduct.

d. The record was...

The Tribunal held that:

a. The facts upon which the Applicant was reproached do not amount to misconduct;

b. it was not part of the Applicant’s remit to verify where the staff members were located;

c. The issue regarding the Applicant’s factual knowledge of where the other staff member resided during the period in question was based on conjecture;

d. The Respondent had not adduced any evidence to indicate that the Applicant always and effectively knew where the other staff member was residing in each moment, or had any knowledge of that staff member's relationship with the owners of any of...

Under “Preliminary Issues”, the Tribunal decided to strike from the record the Applicant’s motion for anonymity and to exceptionally accept the Applicant’s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...