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After being presented with the allegations of misconduct on 9 July 2014, the Applicant responded on 21 August 2014. The decision to impose a disciplinary sanction on the Applicant was communicated to him on 4 December 2014. Thus, a review of the entire case against the Applicant and communicating to him of the outcome took a little over three months. This time frame was not unreasonable and did not constitute a breach of due process. On the facts before the Tribunal, the Applicant did not adduce any evidence to give the Tribunal a basis for reviewing the Secretary-General’s exercise of...

The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...

The Applicant admitted that he printed work-related emails, lost them, and failed to report the incident. He only contested the Administration’s determination that the information contained in the printed emails was confidential, but the Tribunal found that in light of the nature of the contents in the emails the Administration reasonably considered them to be confidential. Considering that loss of confidential information could have serious ramifications, it was appropriate to conclude that the Applicant acted with gross negligence when he lost emails and did not report the incident. The...

The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...

The facts on which the disciplinary measure was based were established because the Applicant rendered himself publicly drunk over several hours, embroiled in a bar fight, was twice detained by the local police, went out to a bar after curfew drove a �山����vehicle while he was legally drunk based on MINUSCA’s zero tolerance policy refused to stop and exit the �山����vehicle when signaled by MINUSCA Security Officers, including his superior drove in a dangerous manner. The established facts legally amounted to misconduct because the Applicant’s actions, which included public drunkness, becoming...

Public interest, transparency, scrutiny and accountability are not impaired by the removal of the Applicant’s name from the public domain. Consequently, and taking into consideration the sensitive nature of the facts, which involve alleged “sexual exploitation of a vulnerable person”, the Tribunal grants the Applicant’s request for anonymity. The decision not to renew the Applicant’s fixed-term appointment, communicated to him on 23 September 2019, is not grounded on disciplinary considerations, which were the subject of the instant case, and constitutes an autonomous administrative decision...

The Applicant was sanctioned for: (a) misuse of UNICEF’s ICT resources and (b) harassment and abuse of authority in relation to her treatment of some vendor employees. Whether the facts on which the disciplinary measure was based have been established Since the Applicant does not dispute the underlying facts of the first charge (access of former personnel's ICT resources without authorization), the Tribunal finds that these facts have been established to the required standard. Regarding the second charge, the Tribunal finds that the evidence establishes the following facts: a. The Applicant...

The Tribunal noted that the Applicant had not offered any statement, or evidence, which would contradict the fundamental findings of the disciplinary process regarding the objective element of the impugned conduct, that is, that he made requests largely based upon incorrect information. The Tribunal thus concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested the decision. The Tribunal also established that the Applicant acted in violation of staff regulations 1.2(b) and 1.2(q), and staff rule 1.7 and hence his actions amounted to...

Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse’s and his father in law’s involvement with two UNICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of UNICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...

The Applicant was separated from service for submitting false information in three claims for dental treatment to the Medical Insurance Plan provider, Cigna, for reimbursement. The Applicant’s due process rights were respected because during the investigation he was properly informed of the subject and purpose of the interview and afforded sufficient notice. He also had no objections as to the conduct of the interview when asked at the end of his interview. With respect to the claim that the Applicant insisted was, in fact, genuine, the Tribunal concluded that the allegation had not been...