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The Tribunal noted that the Applicant had not offered any statement, or evidence, which would contradict the fundamental findings of the disciplinary process regarding the objective element of the impugned conduct, that is, that he made requests largely based upon incorrect information. The Tribunal thus concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested the decision. The Tribunal also established that the Applicant acted in violation of staff regulations 1.2(b) and 1.2(q), and staff rule 1.7 and hence his actions amounted to...

The Tribunal ruled that Annex 18 to the application was inadmissible. According to the Applicant, the annexure comprised of a publicly released commentary and analysis of the case. The Tribunal found that such commentary has no value, evidential or otherwise, being that whoever compiled it was not subject to the Tribunal’s jurisdiction. That being the case, the veracity of the comments was not and could not be tested. The commentary neither amounted to evidence nor to parties’ submissions. Based on the uncontroverted evidence that the Applicant refused to participate in a follow-up interview...

The Tribunal ruled that Annex 18 to the application was inadmissible. According to the Applicant, the annexure comprised of a publicly released commentary and analysis of the case. The Tribunal found that such commentary has no value, evidential or otherwise, being that whoever compiled it was not subject to the Tribunal’s jurisdiction. That being the case, the veracity of the comments was not and could not be tested. The commentary neither amounted to evidence nor to parties’ submissions. Based on the uncontroverted evidence that the Applicant refused to participate in a follow-up interview...

The Respondent had no clear and convincing evidence on which to decide on dismissal of the Applicant for violating Ivorian law in 2007 by accepting payment to produce false passports and committing fraud. On a literal interpretation of staff regulation 1.2(b), the Applicant engaged in misconduct. His negative response to the PHP question about prior indictments, fines or imprisonment amounted to an intentional withholding of required information pertinent to the Organization’s background integrity checks. The answer was neither truthful nor honest. The Applicant certified in his PHP that he...

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

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...

The Applicant consistently admitted that the verbal and physical altercation took place and that he damaged the officer’s umbrella. He only challenged the investigation process which he maintained was biased and unfair since it didn’t consider the context of the interaction. He also complained that the most pertinent aspects of the case which were caught on video were never provided to him and he therefore didn’t speak to them in the context of the investigation. Since the Applicant did not deny that he was involved in a verbal and physical altercation with a Kenyan police officer and that he...

The Tribunal found that V01 was a credible witness. Her testimony was taken independently, bearing in mind all the circumstances, and established the facts that sexual exploitation and abuse took place. The Tribunal found W01 a credible witness, her testimony relating to the first incident which she resolved informally with the Applicant was consistent with and corroborated V01’s testimony. The Applicant did not successfully discredit this testimony. The Tribunal found that the established facts qualified as misconduct under the Staff Regulations and Rules. The Applicant engaged in sexual...