Facts (establishment of) / evidence
Fraud, misrepresentation and false certification
Proportionality of sanction
Discretionary authority
Due process
Oral hearings
Disciplinary matters / misconduct
Investigation
Procedure (first instance and UNAT)
The UNAT noted that the UNDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.
The UNAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the UNDP which was subject to any loss from undue reimbursements.
The UNAT found that the staff member’s certification to Cigna of the correctness of the...