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The Tribunal rejects the Applicant’s argument related to the alleged lack of mens rea. It recalls that this is an administrative proceeding and not a criminal case. In the context of administrative/disciplinary proceedings, only the objective facts are essential to determine if misconduct has occurred. The “underlying intentions” of the subject can only be taken into account as mitigating or aggravating circumstances. In the case at hand, the cumulative application of two sanctions of a financial nature (loss of five steps in grade and a fine of three months net base salary) is an excessive...

Receivability Its well-established jurisprudence that under staff rule 11.2(c), a decision is only reviewable by the Dispute Tribunal if the Applicant has timely sought management evaluation of such decision. A request for management evaluation is a sine qua non condition to have access to the internal justice system as per article 2.1 and 8.1.c) of its Statute and staff rule 11.2(a). Access to justice is not an absolute right and procedural limitations, such as this one, are compatible with the nature and scope of access to justice, provided that they are prescribed by law and do not impair...

The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...

The Tribunal found that neither JA nor TA were refugees, or beneficiaries of UNHCR assistance or fell within the prohibitions stipulated in staff rule 1.2(e). The Tribunal did not agree with the Respondent that unsubstantiated and scandalous allegations made against a staff member are conclusive evidence that the staff member was responsible for the reputational damage caused thereby to the Organization. The Applicant had no control over what the media chose to report. Hence, UNHCR basing its decision on these facts was unlawful as they were extraneous to the case at hand and irrelevant. The...

The Tribunal found that the Administration had imposed a harsher sanction on the Applicant than was necessary. The sanction was found to be disproportionate and manifestly abusive in relation to the circumstances faced by the Applicant. Consequently, the Tribunal ordered the Respondent to replace the original disciplinary sanction for another one with less gravity, namely-separation from service with compensation in lieu of notice and without termination indemnity.

The Tribunal found that because separation was not the sanction imposed on the Applicant, the applicable standard of proof was one on a preponderance of evidence. This standard was lower than clear and convincing evidence which the Respondent had to prove to show that the Applicant committed misconduct as alleged. It was evident from the facts that the Applicant and at least one other person led a group to the Complainant’s house. The Applicant played an active role in the alleged harassment. This fact was proved to the requisite standard. The Tribunal found that a group of at least five local...

The Tribunal found that there was clear and convincing evidence that between 7 and 10 December 2016, at his residence, the Applicant had sexual intercourse with one Congolese woman, V0. By his own admission during the investigation, the Applicant procured sexual services of V0 whom he had picked up from a bar where he had been drinking and paid her FC40,000 through an intermediary, Francois. The Tribunal held that based on strict interpretation of the applicable legal provisions, in particular, staff rule 1.2(e), it did not make any difference that money was requested and paid after the sexual...

The Applicant failed to abide by several orders and did not respond to attempts from the Registry to contact him. Ther Tribunal, therefore, can only conclude that the Applicant is no longer interested in the pursuit and outcome of these legal proceedings, which must therefore be deemed to have been abandoned, and this matter therefore stands to be dismissed for want of prosecution.

By not seeking the Medical Director’s feedback in a timely manner, the Registrar failed to take into consideration relevant matters before making the contested decision. The decision-making process was vitiated by a defect that rendered the contested decision irrational. The delay in the handling the Applicant’s complaint was unjustified. The Administration lawfully acted within its discretion in fulfilling its obligations under sec. 6.4 of ST/SGB/2008/5. The contested decision is rescinded and remanded to the IRMCT. The IRMCT shall review, in consultation with DHMOSH, whether additional...

The Administration informed the Applicant that “it will issue an administrative reprimand”. The request for management evaluation was made within 60 days of that communication and the application is therefore receivable even if the actual reprimand was issued months later. The Administration decided that the Applicant did not exercise her discretion and regulated her conduct “with the interests of the United Nations only in view” and the expression of her personal views. While there is no specific rule requiring the Applicant to consult with UNICEF before expressing her personal views, that...