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In this case, the facts were established and there was clear and convincing evidence that the Applicant committed fraud on purpose.

The Applicant’s conduct amounted to a breach of his basic obligations under staff regulations 1.2(b) and (g), staff rule 1.2(i), and the Strategic Framework for the Prevention of Fraud and Corruption.

The evidence is clear and convincing that the Applicant acted with knowledge and intent to mislead (and even with a possible personal economic interest).

Given the nature and gravity of the Applicant’s misconduct, the sanction is not absurd, unreasonable, or...

UNAT held that UNDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. UNAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. UNAT affirmed UNDT’s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

The UNDT was faced with two irreconcilable versions of the case, and thus it was necessary for the UNDT to satisfy itself on the credibility and reliability of the various factual witnesses and probabilities. This task was made especially difficult for the UNDT since the relevant witnesses did not present their evidence in person. In this case, the evidence presented by the Secretary-General was of an exceedingly limited nature and value. The Secretary-General relied exclusively on the contents of the written report of the OIOS investigation, which was entirely hearsay and, in some instances...

The motion is ill-founded and dismissed.

The Tribunal assessed the evidence gathered by the investigators in relation to each incident and concluded that, in most instances, there was no direct or corroboratory evidence of harassment or sexual harassment, and the investigators based their conclusions solely on V01’s narrative. Since almost all the evidence in support of the finding of misconduct comes from V01’s testimony, in opposition to that of the Applicant, establishing V01’s credibility is an essential exercise for a proper adjudication of the case.

However, the investigation failed to adequately establish the reliability of...

Whether the sanction imposed was consistent with past practice.

The Applicant failed to demonstrate that the sanction imposed was inconsistent with past practice for the following reasons:

First, it is within the Administration’s discretion to identify comparable previous cases. Indeed, it is neither for the Tribunal nor for the Applicant to “pick and choose” what precedents the Administration should take into consideration in determining the appropriate sanction. Second, after a careful analysis of the 2022 Sanction Letter, the Tribunal finds that the Administration has properly considered...

The documents on file, and in particular the notice of dismissal, show that the Applicant was employed by a private company. Other than the Applicant’s unsupported statement in his personal details form when filing his submissions that his Office of employment was “ITC”, there is no evidence on record showing that he has any contractual relationship with the United Nations within the meaning of art. 3 of the Tribunal’s Statute. As such, the Applicant has no locus standi before this Tribunal.

Moreover, while the Applicant is contesting a disciplinary measure, it was imposed neither by the...

The Administration has established that there is clear and convincing evidence that the Applicant engaged in a conflict of interest in procurement processes and that he misused UNDP property.

Under relevant rules and regulations, the Applicant clearly had an obligation to disclose fully and accurately his personal connection with Prime Options and St. Paul’s, which were grounds to support a conflict of interest, and to recuse himself from any involvement in the procurement processes involving those two vendors. However, neither did the Applicant disclose the actual or possible conflicts of...

The Tribunal, based on the evidence on the record, established that the invoice and the medical report that the Applicant submitted to Cigna for reimbursement were not authentic. Despite the foregoing, the Applicant certified to Cigna that the information he was submitting was “correct and true” and was therefore, acknowledging that he was aware of the contents of the medical claim and attesting to its authenticity.

The Tribunal further concluded that no evidence was offered of the effectiveness of the medical treatment. Excluding the fake invoice and the fake medical report, no other...

There was clear and convincing evidence that the Applicant engaged in entitlement fraud and received reimbursement for medical services that had not occurred. He falsely certified and submitted three Cigna claims; for which he was paid a total of USD17,171.26. He was not entitled to this reimbursement. As UNDP is self-insured, these funds represented a loss to UNDP.

The Applicant’s behaviour fell within what the UNDP Policy against Fraud and other Corrupt practices (approved in October 2018) defines as fraud. The established facts constituted misconduct.

As to proportionality of the...