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UNAT considered both appeals by the Secretary-General and by Mr Hussein Haidar. UNAT denied the request for an oral hearing. UNAT held that UNDT did not err in concluding that the facts, on which the disciplinary measure was based, had been established by clear and convincing evidence. UNAT held that UNDT correctly concluded that the established facts legally amounted to serious misconduct. UNAT held that UNDT did not commit an error in procedure such as to affect the decision of the case when considering one of the statements. UNAT found no error in UNDT’s finding that the measure of...

The main evidence against the Applicant was the testimony of the driver who claimed that he had been asked by the Applicant to bring a carton to Dire Dawa. The Respondent claimed that a printer was missing from the inventory list. The driver’s testimony was credible, especially since he was able to provide precise details on the printer’s bar code and the serial number. In view of the overwhelming evidence that the Applicant had shown a pattern of misconduct, including the storage of obscene material on his official computer, the Tribunal was satisfied that the Respondent established a prima...

The Tribunal is entitled to examine the entire case before it. In other words, the Tribunal may consider not only the administrative decision of the Secretary-General imposing disciplinary measures but also examine the material placed before him on which he bases his decision in addition to other facts relevant to the said material. The rush by the investigators to produce a prejudiced report dripping with innuendos, riddled with ridiculous findings and which completely and unjustly tars the Applicant with a brush of criminality must be loudly condemned by this Tribunal.

The Tribunal’s findings were that the Respondent had sufficiently substantiated his allegations against the Applicant. It also found that due process had been afforded to the Applicant. Given that the Applicant failed to abide by staff regulation 1.2 (b) and former staff rule 110.1, the Tribunal concluded that the decision to summarily dismiss the Applicant was proportionate to the nature of the charges.

The Respondent rested his case on the evidence of a witness on whom anonymity was conferred during the investigation and who was not called at the hearing. From the statements made by the witness during the investigation the Tribunal found that his/her testimony was fraught with irregularities and inconsistencies and could not be acted upon. The Tribunal also found that failure to call the witness for cross examination was a breach of the due process requirement. The Tribunal also held that when anonymity is conferred on a witness during the investigation, the Tribunal is not bound by this and...

The respondent had sufficient grounds to believe that the applicant had, by altering the form, breached a fundamental requirement safeguarding the integrity of the refugee resettlement programme of UNHCR. This amounted to serious misconduct and was in breach of staff regulation 1.2. However, the failure to have due regard to independent evidence of an oppressive work environment and by not carrying out a proper investigation, as unanimously recommended in the JDC report, the Secretary-General effectively deprived himself of material which would have placed the misconduct in its proper...

The panel report did not constitute a breach of the applicant’s contractual rights and therefore no compensation is warranted. Such a panel is not a court and while it must be fair, it must be allowed to do its reasonable best to ascertain the facts as it thinks is right. Even though the audit was seriously flawed in significant respects, the decision as to its content is not subject to appeal to the Tribunal. Constructive dismissal occurs when the employer engages in a scheme of action which, in effect makes it so difficult for the employee to continue with his or her work, that the latter...

In view of the evidence available and the Applicant’s refusal to disclose evidence that could exonerate her and that she alone could have produced, the Tribunal considered that the facts on which the disciplinary measure was based had been established. Section 20 of the Convention of the privileges and immunities of the United Nations provides that privileges such as VAT exemption are granted to staff members in the interests of the United Nations and not for the personal benefit of the individuals themselves. Section 21 further provides that the United Nations shall cooperate at all times...

There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.

The Tribunal did not find any evidence of sexual exploitation and abuse as defined by the SGB. The Tribunal considered the definition of pornography and on viewing the images concluded that they were obscene, hardcore pornography. In view of the Applicant’s admissions and the quantity of materials on his official computer, the misconduct charge in that respect was well founded. The Applicant’s submission that the evidence was fruit of the poison tree and therefore inadmissible was rejected on the basis that the illegally obtained evidence (a CD) merely triggered the investigation but did not...