Burden of proof
Dismissal/separation
Fraud, misrepresentation and false certification
Proportionality of sanction
Discretionary authority
Jurisdiction / receivability (UNAT)
Jurisdiction / receivability (UNDT or first instance)
Disciplinary matters / misconduct
The UNAT held that because the possible error in the assessment of the facts by the UNDT had no bearing on the outcome of the case, the Secretary-General’s cross-appeal could not be received.
The UNAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying “no” to the question whether he had “ever been indicted, fined or imprisoned for the violation of...