Disciplinary
Fraud, misrepresentation and false certification
Oral hearings
Burden of proof
Disciplinary matters / misconduct
Procedure (first instance and UNAT)
The UNAT held that the UNDT erroneously concluded that there was clear and convincing evidence of the former staff member’s knowledge that he was in a prohibited family relationship with another staff member, Mr. S.R.B.
Moreover, the UNAT found that even if the information provided by the former staff member was false, he could not have intended to mislead the Organization by providing or omitting it. On the contrary, the evidence established that when he made his relevant applications, he did not know, and had no reason to know, that Mr. S.R.B. was employed by the United Nations. In...