The establishment of the fact-finding panel, as statutorily required, renders the application moot.
The Tribunal, based on the evidence on the record, established that the invoice and the medical report that the Applicant submitted to Cigna for reimbursement were not authentic. Despite the foregoing, the Applicant certified to Cigna that the information he was submitting was “correct and true” and was therefore, acknowledging that he was aware of the contents of the medical claim and attesting to its authenticity.
The Tribunal further concluded that no evidence was offered of the effectiveness of the medical treatment. Excluding the fake invoice and the fake medical report, no other...
The Respondent shall pay to the Applicant damages equivalent to three months’ net base salary at the P-3 level. The compensation shall bear interest at the United States of America prime rate with effect from the date this Judgment becomes executable until payment of said compensation. An additional five per cent shall be applied to the United States of America prime rate 60 days from the date the Judgment becomes executable.
The Applicant did not deny the authenticity of the Microsoft Outlook notifications. This meant that the Applicant should have filed his application no later than 26 June 2023 to comply with the 90-calendar day deadline.
He filed his application on 28 June 2023, which was two days after the statutory deadline so the application was dismissed as not receivable.
Regarding the ex-gratia claim, the Tribunal observed that the evidence of the fact that the Applicant was carrying out the functions of a P-4 post could be noted from the fact that the functions which the P-4 currently is performing are the same as those which the Applicant was performing before she was reassigned in 2021. The Tribunal, thus, concluded that the Administration violated the Applicant’s right to equal pay for equal work. The Applicant had the right to be compensated for her functions at the proper level, and therefore, she had the right to retroactive payment of salary lost...
At the outset, the Tribunal recalled that based on the evidence on record, the Applicant’s main claim to have the contested decision rescinded had been rendered moot by the Applicant’s retirement. Therefore, the matter that remained for adjudication concerned compensation for the financial and moral harm.
In the entirety of the circumstances, the Tribunal concluded that the impugned decision had an improper motive and improper purpose and was therefore, unlawful. The Tribunal further held that based on the aforesaid, it was satisfied that the reassignment decision had a negative impact on...
On the issue of illegality, the Tribunal found that the Applicant had been removed from his official functions, without case or proper justification, and had been forced to re-apply for his own previous functions. These decisions were taken without reference to any failings of the Applicant, misconduct, indication that he has not successfully performed his functions in the past, or indication that he would not be able to perform his functions in the future.
On the issue of damages, the Tribunal found that although the Applicant kept on holding a continuing appointment at the D-1 level, he...
The Applicant requested management evaluation on 27January 2023. The deadline for the management evaluation response was 13 March 2023. The Applicant filed his application on 13 February 2023, which was 28 days before the management evaluation response was due.
Consequently, the Tribunal found the application to be prematurely filed and therefore, not receivable.
There was clear and convincing evidence that the Applicant engaged in entitlement fraud and received reimbursement for medical services that had not occurred. He falsely certified and submitted three Cigna claims; for which he was paid a total of USD17,171.26. He was not entitled to this reimbursement. As UNDP is self-insured, these funds represented a loss to UNDP.
The Applicant’s behaviour fell within what the UNDP Policy against Fraud and other Corrupt practices (approved in October 2018) defines as fraud. The established facts constituted misconduct.
As to proportionality of the...
The Applicant failed to identify an administrative decision within the meaning of art 2.1(a) of the Tribunal’s Statute. In the absence of an administrative decision, the Tribunal cannot assume jurisdiction over a matter.
The Applicant failed to comply with staff rule 11.2(a), which makes management evaluation a pre-requisite for staff wishing to contest decisions excluded by staff rule 11.2(b). Since the Applicant did not submit his claim for negligence/gross negligence for management evaluation, the Tribunal could not entertain his application.
