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In this case, the facts were established and there was clear and convincing evidence that the Applicant committed fraud on purpose.

The Applicant’s conduct amounted to a breach of his basic obligations under staff regulations 1.2(b) and (g), staff rule 1.2(i), and the Strategic Framework for the Prevention of Fraud and Corruption.

The evidence is clear and convincing that the Applicant acted with knowledge and intent to mislead (and even with a possible personal economic interest).

Given the nature and gravity of the Applicant’s misconduct, the sanction is not absurd, unreasonable, or...

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...

The Tribunal found that the Administration had imposed a harsher sanction on the Applicant than was necessary. The sanction was found to be disproportionate and manifestly abusive in relation to the circumstances faced by the Applicant. Consequently, the Tribunal ordered the Respondent to replace the original disciplinary sanction for another one with less gravity, namely-separation from service with compensation in lieu of notice and without termination indemnity.

The Tribunal found that documentary evidence, including at least two instances of consecutive transactions for materially impossible refueling on 16 February 2017 and on 17 May 2017, confirmed the Applicant’s participation in the fraudulent fuel scheme and his submission of falsified documents. The Tribunal thus concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested decision. Regarding misconduct, the Tribunal agreed with the Respondent that the Applicant improperly used United Nations property for his personal gain in a matter...