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The Tribunal found that the Applicant engaged in multiple actions which amounted to serious misconduct. Therefore, his conduct not only displayed a serious failure to uphold the minimal standards of integrity conferred on an international civil servant, but it also displayed a flagrant disregard of the rules of the Organization. The Applicant’s conduct undermined the trust and confidence placed in him by UNICEF. Such trust and confidence are essential for the continuation of an employment relationship. In these circumstances, the Tribunal considered that it was appropriate for UNICEF to end...

The UNAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision.  The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The UNAT agreed with the UNDT that the lawfulness of the...

The UNAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision.  The UNDT appropriately considered the former staff member's admissions, as well as the video clip...

After consulting the Staff Regulations and Rules and the Respondent’s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.

The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.

The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.

The evidence is clear that the Respondent’s argument that a Military Officer was authorized to conduct a breathalyzer...

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...

The Applicant was charged with two different counts of accusations:

a.       Permitting a female individual (“F01”), who was not a United Nations personnel and who did not receive prior authorization for United Nations transport, to be transported in the vehicle, enabling the behaviour of Mr. Antoine, the rear passenger of the United Nations vehicle, who held F01 closely to his body while she was seated on top of him and gyrating in a sexually suggestive manner, while Mr. Antoine held F01 with his hand on her buttock and while he pulled her genital area closer to his crotch. These events...

The UNAT held that the staff member’s argument that the UNDT applied the incorrect standard of proof is unsubstantiated, as the main facts of the case were undisputed by both parties. She had admitted having used �山����Womens’ UPS account to send two private shipments abroad, without mentioning any prior authorization. The aggravating and mitigating elements reviewed by the UNDT were by nature peripheral to the sanction imposed. The UNAT found that even if it was not appropriate for the Administration to use a prior act of possible misconduct as an aggravating factor (as it was not previously...

UNAT denied the Appellant’s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure.  UNAT held that the UNDT did not err in striking the evidence filed with the Appellant’s closing submissions or in refusing to hear the Appellant’s supervisors as witnesses. UNAT held that there was clear and convincing evidence that the Appellant used the UNHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

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...

On anonymization Article 11.6 of the Tribunal’s Statute provides in its relevant part that its judgments shall be published while protecting personal data. A similar provision is contained in art. 26.2 of the Tribunal’s Rules of Procedure. Given that the present case relies on medical evidence to support a claim for moral harm, the Tribunal finds that it is reasonable to redact the Applicant’s name from this judgment. On the merits Based on the evidence on record, the Tribunal concluded the following. First, the Tribunal found that the two charges against the Applicant were established as per...