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The documents on record demonstrate, by clear and convincing evidence, that the Applicant had rented out his flat in Addis Ababa to two other staff members, based on a lease with an inflated rent (and without paying agent’s fees), and that the latter two used that lease to claim rental subsidy from UNHCR in an amount undue.

The Applicant was charged with two different counts of accusations:

a.       Permitting a female individual (“F01”), who was not a United Nations personnel and who did not receive prior authorization for United Nations transport, to be transported in the vehicle, enabling the behaviour of Mr. Antoine, the rear passenger of the United Nations vehicle, who held F01 closely to his body while she was seated on top of him and gyrating in a sexually suggestive manner, while Mr. Antoine held F01 with his hand on her buttock and while he pulled her genital area closer to his crotch. These events...

The Applicant was charged with two different counts of accusations:

a. for having, on 21 May 2020, while in a United Nations vehicle clearly visible from a public street in Tel Aviv, Israel, held a female individual closely to his body while she was seated on his lap facing him and gyrating in a sexually suggestive manner; these events were captured in an 18-second video-clip, which was widely disseminated, bringing the Organization into disrepute (count one);

b. for failure to cooperate with the OIOS investigations by refusing to provide OIOS with the contact details of a material witness...

The Tribunal, based on the evidence on the record established that the invoice and the medical report that the Applicant submitted to Cigna were not authentic. The Tribunal held that this was enough to substantiate the accusation that the Applicant used false documents to receive improper and undue economic benefits from Cigna. The Tribunal further concluded that no evidence was offered of the effectiveness of the medical treatment. The Tribunal, therefore, concluded that there was clear and convincing evidence that the Applicant engaged in misconduct through his submission of a fraudulent...

With respect to the Secretary-General's appeal of the UNDT finding that misconduct under Count 2 was not established, the UNAT held that the UNDT did not err in fact, resulting in a manifestly unreasonable decision. Messages sent by the staff member to his neighbour were suggestions and statements to a person who was not a witness at the time. The staff member was not under and did not suspect he would likely be under an investigation at the time he sent the messages. The neighbour found them appropriate and did not feel “influenced” by them. 

The UNAT also denied the Secretary-General’s...

UNAT held that UNRWA DT exercised its discretion to proceed by summary judgment lawfully and appropriately.

UNAT held that the UNRWA DT erred when it decided that the Appellant’s application was not receivable ratione materiae.  UNAT noted that the case was almost identical to Osama Abed & Eman Abed v. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (Judgment No. 2022-UNAT-1297).   Consistent with this Judgment, UNAT held that the placement of a letter reminding the Appellant of her obligation to behave at all times in a manner...

The UNAT held that the UNDT did not err in concluding that there was clear and convincing evidence that the Appellant physically assaulted another staff member and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate to the nature and gravity of the Appellant’s misconduct.  Importantly, the Appellant did not establish a degree of provocation that mitigated her retaliation which was also excessive and beyond the bounds of any permissible defense in the altercation.

The findings of the UNDT that the...

The UNAT held that the complaint of sexual harassment filed by the staff member against her former supervisors (FRO and SRO) led to investigations whose reports were the basis for disciplinary processes and sanctions against both persons, as well as an additional administrative measure against her former SRO. The Administration acted promptly, when unofficially informed of the wrongdoing, by placing the staff member on certified sick leave for approximately two months, before reassigning her at her request to a new workplace. The letter informing her of the action taken also contained the...

UNAT held that the Administration’s decision to suspend the consideration of initiating a disciplinary process and instead resume it should the Appellant become reemployed by the Organization in the future, did not constitute an appealable administrative decision for the purpose of Article 2(1)(a) of the UNDT Statute, as it did not produce a present and direct adverse impact on Ms. Mugo’s terms or conditions of appointment.

UNAT held that all the Administration did was inquire if the Appellant was prepared to cooperate in a disciplinary process.  Therefore, as no written allegations were ever...

The UNAT held that the staff member was responsible for having agreed that the UNDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the UNDT could nevertheless have held a hearing. The UNAT found that the UNDT was entitled to conclude on the complainant’s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The UNDT was entitled to conclude that this was an...