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UNDT/2014/001

UNDT/2014/001, Iryumugabo

UNAT Held or UNDT Pronouncements

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Conflict of interest: The Tribunal held that the fact that the Applicant sought to obtain a remunerated contract for his company to undertake the construction of stands rather than advise the organizers to seek an independent contractor demonstrated the existence of a real conflict of interest between his position as the CEO of a private company and his position as a staff member. Even though BINUB was not to be involved in the construction of the stands, the Applicant benefited from the association with his company by reason of his position with the United Nations. Ignorance of the law: Noting the Applicant’s contention that he was unaware of the Ãå±±½ûµØrules relating to outside activities, the Tribunal observed that ignorance of rules and regulations in an employment relationship is not a defense to non-compliance with the employment rules and regulations under which a person is recruited. Consequently, the Tribunal held that the Applicant was aware or deemed to be aware of the staff rules and regulations by the very fact of the letter of appointment that he signed where he acknowledged that he was familiar with these rules and regulations.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the USG/DM separate him from service for owning a private company while employed as a BINUB staff member (outside activities).

Legal Principle(s)

N/A

Outcome
Dismissed on merits

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