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The Applicant’s conduct was in violation of staff regulation 1.2(b) and rule 1.2(f) and constitutes misconduct. The Tribunal found that the Applicant did make efforts to persuade her supervisee to forego attempting mediation to resolve their interpersonal disputes and threatened that mediation could adversely affect her supervisee’s career. In particular, the Applicant implied that should her supervisee pursue mediation, her supervisee would develop a bad reputation and that mediation lacked confidentiality. The Applicant further indicated that there may be a negative impact on the chances of...

The IOO audit, indeed, did not have the character of a disciplinary investigation into any possible wrongdoing(s), including misconduct, of the Applicant. Rather, as argued by the Applicant, it appears that no disciplinary process whatsoever was undertaken. Consequently, the Applicant was not afforded any of the mandatory procedural safeguards outlined in para. 35(a)-(c) of the Judgment, namely (a) the right to be advised of the allegation of misconduct, (b) the right to comment thereupon, and (c) the right to be represented be a lawyer before the decision on misconduct was made and the...

The charge was properly investigated and proffered. There was due process of law and the Applicant at all times had every opportunity to refute the charge and show that UNDP had failed to prove it by clear and convincing evidence or that there were mitigating circumstances. There was no doubt in the process and the ability of the Applicant to understand the charge and make representation about it. Any difficulty in contradicting the charge during the process with documentary evidence was cured by the fact that the matter was provided an oral hearing before the Tribunal.

Accountability...