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Having considered the case record, the Tribunal found that the Applicant did not contest the facts upon which the disciplinary measure was based. He did not contest either that his actions legally amounted to misconduct or that his due process rights were observed. Accordingly, the main issue in the present case was whether the disciplinary measure imposed was proportionate to the offense committed. However, as the proportionality of the sanction cannot be reviewed in isolation, the Tribunal deemed it appropriate to refer to the established facts and the misconduct as per the sanction letter.

The undisputed facts are unambiguous and leave little room for different interpretations. An apology does not invalidate or undo the misconduct. The fact that the Applicant was not made aware of the negative impact of her practice has no relevance for the factual determination. As such, the Administration has established the facts underlying the disciplinary measure in question by preponderance of evidence.

The Applicant using expletives towards her subordinates and widely addressing her colleagues by nicknames in the workplace were compounded by her ignoring personal and professional...

The allegations that the Applicant improperly used his UNDP-issued laptop to access websites that contained pornography and other sexually explicit material and advertised escort services, has been established by clear and convincing evidence based on the investigations forensic report of his computer, the Applicant's partial admittance and several contradictions.There is also clear and convincing evidence that the Applicant engaged in three instances of unauthorised outside activities by being the Director and major shareholder of a company, and engaging in other business ventures in...

The investigation successfully established that the Applicant engaged in workplace harassment in seven different occasions against the three complainants. By committing workplace harassment, the Applicant breached the highest standards of integrity and engaged in behaviour unbecoming of an international civil servant. As such, her conduct constitutes serious misconduct. However, the disciplinary measure of separation from service imposed on the Applicant was found to be too harsh of a penalty lin light of the Administration’s past disciplinary measures on other cases of comparable conduct, as...

The Tribunal agreed with the Respondent that the Applicant was reckless in his failure to report a fraud which he was aware of. He chose to conceal and abet the perpetration of a fraud. The facts were established to the requisite standard by the Applicant’s own admissions and the evidence on record. The Tribunal held that the established facts clearly constituted misconduct as charged. The elements of the charge of abetting and concealing fraud were established through the evidence. The Applicant who had possession of important knowledge about fraudulent document passing through his office...

The Tribunal held that the Applicant had an obligation as a staff member to uphold the highest standards of integrity which include acting with honesty. In her submissions, she argued that she acted truthfully and with honesty. She gave reasons why she thought she could use Organization’s assets for personal benefit. The Tribunal found that the Applicant’s justifications were not supported by any rule or regulation. She acted dishonestly in breach of integrity standards by using the Organization’s UPS facility for personal benefit without any lawful justification. The Tribunal found that the...

Receivability ratione materiae. The Applicant’s management evaluation request was not clear on whether he was making allegations of misconduct against his Supervisor, which would need to be dutifully investigated, or citing performance or management issues to be addressed by management. Similarly, the Applicant did not provide any evidence that the matter of lawfulness of the decision to place him on ALWP was ever formally contested by him. Hence, any determination against the decision not to further investigate the Applicant’s complaints of harassment against his supervisor or against his...

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...