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UNDT/2011/138, Bagula

UNAT Held or UNDT Pronouncements

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial recruitment and service as United Nations staff and was not recanted as alleged by the Applicant. The Applicant had tried to bring impostors to appear before the Tribunal in Kinshasa. The Tribunal finds that the Applicant’s actions are criminal in the extreme and amount to a blatant abuse of the Tribunal’s process and aggravated contempt of court in facie curiae. This case amply illustrates some of the dangers inherent in conducting judicial proceedings via teleconference. Such proceedings are hampered by, inter alia, the difficulty of ascertaining the identities and demeanour of witnesses testifying on the other end of the telephone line and compromise the integrity of the judicial process.Pursuant to art. 10(6) of its Statute, the Tribunal finds that the Applicant has manifestly abused the proceedings before it. The Tribunal recommends that in the present case, the Administration should withhold all final entitlements, if any, still due to the Applicant pending its determination of all amounts owed to the witnesses and the settlement of those claims. Alternatively, the Tribunal encourages the MONUSCO Administration to exercise its discretion to determine how best to bring closure to the suffering of the witnesses in accordance with the applicable Staff Regulations and Staff Rules.

Decision Contested or Judgment Appealed

The Applicant contested the decision to separate himfrom service without notice or compensation in lieu thereof for improperly soliciting and receiving monies from local citizens in exchange for their initial recruitment and service as United Nations staff.

Legal Principle(s)

N/A

Outcome
Dismissed on merits
Outcome Extra Text

UNDT awarded costs against the Applicant.

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