UNDT/2021/075

UNDT/2021/075, Simiyu

UNAT Held or UNDT Pronouncements

The Administration has to prove their allegation of breaches of the Staff Regulations and Staff Rules. The Tribunal took the view that the case of misrepresentations had been proven by clear and convincing evidence. While the Applicant made several submissions in mitigation, she did not introduce any facts that constituted a denial of the breaches alleged. The Organization must maintain standards and be fair to all concerned. Consequently, if others were rejected for employment during the recruitment process because they were not qualified, then this should be the position across the board including for the Applicant.

Decision Contested or Judgment Appealed

The Applicant contested the decision to separate her from service.

Legal Principle(s)

The Respondent must prove the allegations which have been charged by clear and convincing evidence.

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.

Full Judgment

Applicants/ Appellants

Simiyu

Entity

UNSOS

Case Number(s)

UNDT/NBI/2020/036

Tribunal

UNDT

Registry Location :

Nairobi