UNDT/2022/126 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2022/126, Nderitu

UNAT Held or UNDT Pronouncements

The Tribunal found that there was ample justification for the decision maker’s plausible conclusion that the Applicant breached his obligation to disclose an actual, or possible, conflict of interest. Although only evidence on a balance of probabilities was required, the evidence presented surpassed that standard and was clear and convincing.

The fact or possibility of such personal interest could impact negatively on the perception of integrity, independence and impartiality required of the Applicant as an international civil servant. The Applicant had a duty was to disclose the actual or possible conflict of interest. The failure to do so amounted to misconduct and breached the disclosure requirements set out in the regulatory framework.

Decision Contested or Judgment Appealed

The Applicant challenged the Respondent's decision to impose on him the disciplinary measure of loss of one step in grade in accordance with staff rule 10.2(a)(ii).

Legal Principle(s)

Where termination might be the result, the proof that will be sufficient is clear and convincing evidence. In all other cases, the Respondent bears the burden of showing that there was a preponderance of evidence to establish the alleged misconduct

Outcome

Appeal dismissed on merits

Outcome Extra Text

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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

Nderitu

Entity

UNHCR

Case Number(s)

UNDT/NBI/2022/011

Tribunal

UNDT

Registry Location :

Nairobi