UNDT/2023/082 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/082, Munywoki

UNAT Held or UNDT Pronouncements

The Tribunal, based on the evidence on the record, established that there was clear and convincing evidence that the Applicant was involved in the fraudulent scheme and in the attempt to interfere with the investigation into that scheme by inducing a witness to lie to investigators.

Regarding misconduct, the Tribunal concluded that it was clear that the established facts qualified as serious misconduct.

On the due process prong, the Tribunal concluded that the Applicant’s due process rights were respected during the investigation and disciplinary process.

On whether the sanction was proportionate to the offence, the Tribunal recalled that defrauding the United Nations is a very serious offence and that a staff member who contravenes the Financial Regulations and Rules, including procurement, may be held personally accountable and financially liable for his or her actions. Based on its findings, the Tribunal held that the sanction imposed was proportionate to the gravity of the offence.

Decision Contested or Judgment Appealed

The Applicant contested the Administration’s decision to impose on him the disciplinary measure of dismissal from service in accordance with staff rule 10.2(a)(ix).

Legal Principle(s)

Pursuant to the jurisprudence of the Tribunal, the role of the UNDT in disciplinary cases is to perform a judicial review of the case and assess the following elements:

i. Whether the facts were established by clear and convincing evidence;

ii. Whether facts amount to misconduct;

iii. Whether the staff member’s due process rights were guaranteed during the entire proceeding; and

iv. Whether the sanction is proportionate to the gravity of the offence.

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

Munywoki

Entity

UNMIS/UNMISS

Case Number(s)

UNDT/NBI/2023/030

Tribunal

UNDT

Registry Location :

Nairobi