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The UNAT held that the UNDT did not err in finding that the facts underlying the written reprimand were established. The UNAT agreed that Ms. Kamara-Joyner’s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for UNOMS and as President of UNPAD. The UNAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

The written reprimand

 Factual basis for the imposition of the measure

UNPAD, as an ad hoc special interest group, advocates for issues relating to conditions of work pertaining to staff members of African descent in the United Nations.

UNOMS is established “to make available confidential services of impartial and independent persons to address work-related issues of staff members” (see ST/SGB/2016/7 para 1.1). UNOMS is guided in its work by four core principles, namely independence, confidentiality, neutrality, and informality.

It appeared from the information on record that the Applicant...

The Administration has established that there is clear and convincing evidence that the Applicant engaged in a conflict of interest in procurement processes and that he misused UNDP property.

Under relevant rules and regulations, the Applicant clearly had an obligation to disclose fully and accurately his personal connection with Prime Options and St. Paul’s, which were grounds to support a conflict of interest, and to recuse himself from any involvement in the procurement processes involving those two vendors. However, neither did the Applicant disclose the actual or possible conflicts of...

On the due process prong, the Tribunal concluded that the Applicant’s complaints about lack of due process were without merit. The Applicant did not establish that the Respondent failed to afford him due process in the investigation and disciplinary process. Accordingly, the Tribunal held that the Applicant’s due process rights were guaranteed. On whether the facts were established by clear and convincing evidence, the Tribunal recalled that the Applicant was sanctioned for: (i) Misleading the UNHCR’s Global Fleet Management (“GFM”) regarding the extent of the damage to the UNHCR’s vehicle;...

The Tribunal found that with clear and convincing evidence, the Respondent only managed to establish that the Applicant intended to assert some, albeit ineffective, pressure on BM in the hiring process of daily workers. Under Sanwidi, the Tribunal found that the termination of the Applicant’s appointment was manifestly incorrect and led to a disproportionate outcome. The contested decision was therefore unlawful.  

Considering its findings on the unlawfulness of the contested decision, the Tribunal found that the most appropriate remedy would be to rescind this decision (in comparison, see...

UNAT held, agreeing with UNDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel’s report to the participants of the SMT meeting and recipients of the minutes. UNAT held that the reprimand in the offender’s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe’s reputation and career. UNAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

UNAT held that UNDT had committed various errors of law, fact, and procedure. UNAT held that the whole reasoning of UNDT was misconstrued and UNDT did not properly examine the lawfulness of the disciplinary sanction. UNAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of UNFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another UNFPA vendor. Further, UNAT held that there was...

The purported termination conveyed in the letter from the ED of UNOPS dated 11 May 2010 is accordingly rescinded. The Tribunal finds that the Applicant had not misused his UNLP and �山����ID when he showed it to the person with whom he had entered into a business transaction. Ultra Vires: The Secretary-General or his agents in the instant case blatantly acted outside the scope of his or their authority in carrying a disciplinary process beyond the expiry date of the staff member’s contract. The decision to separate the Applicant in May 2010 was manifestly ultra vires and therefore unlawful. Debt...

Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General’s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...

The Tribunal found that clear and convincing evidence was obtained which was consistent with the Applicant’s sexually exploiting local women and the impugned decision was well-founded. The Applicant had claimed that he had given his username and password to other staff members therefore, he could not be attributed the accessing and storing of the material. The Tribunal did accept this. The Applicant admitted that he had downloaded and installed the cracked software that had caused pornographic material to appear on his computer. He neither named any person with whom he shared the password nor...