UNDT/2012/138

UNDT/2012/138, Meyo

UNAT Held or UNDT Pronouncements

The fact that the attempt to defraud the medical claims system was not successful did not diminish the Applicant’s liability in having made a false claim, as such; his actions destroyed the faith of the Organization in the Applicant which was necessary for continuing employment relationship. Proportionality: Although comparison between other similar cases can be referred to, they should be treated with caution as every case turns on its own facts. In determining whether to lessen the imposed sanction, the Tribunal will consider mitigating circumstance that had not been previously considered. Exercise of discretionary authority: In general the tribunal will not interfere with the exercise of discretionary authority unless illegality, irrationality or procedural impropriety is proven.Decision:The imposition of disciplinary was proportionate.

Decision Contested or Judgment Appealed

The Applicant, a former employee of UNDP in Gabon submitted a false medical insurance claim seeking reimbursement with the Garantie Médicale et Chirurgicale to the tune of equivalent USD 2000. Upon conducting investigations, the Organization found the Applicant’s actions wanting and imposed a disciplinary measure of separation from service.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Meyo

Entity

UNDP

Case Number(s)

UNDT/NBI/2011/039

Tribunal

UNDT

Registry Location :

Nairobi