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The Tribunal was unpersuaded by the Applicant’s claim that his participation in the Staff Day activities was “essentially private conduct not involving [United Nations] resources” or that this was “essentially a voluntary, social event”. The requirements for integrity, probity, honesty and truthfulness under the staff regulations and staff rules are not merely “generic obligations” but are specifically intended to apply “in all matters affecting [a staff member’s] work and status”. [...] Accordingly, the Tribunal found that the established facts in this case amount to misconduct on the part of...

The Tribunal found no procedural flaws in the procedure adopted to investigate and impose the disciplinary action taken.

The Tribunal determined that the application should be denied since the misconduct committed by the Applicant was very serious and there were no mitigating factors. The Applicant refused to supply relevant information even though she knew that it was known that she had a sister working in the Organization.

The disciplinary measure imposed was therefore proportionate and fairly imposed, with full opportunity to respond to questions asked and clarify answers, if necessary.

The UNAT held that the absence of a case management discussion and an oral hearing before the UNDT was not a procedural error.

The UNAT found that the UNDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred. The UNAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant’s objective...

The UNAT first concluded that the UNDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence. Second, the UNAT held that the UNDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability. The UNAT held that the UNDT erred when it made this finding without any independent or medical evidence, and that the UNDT had relied on its own Internet research regarding various...

The UNAT held that because the possible error in the assessment of the facts by the UNDT had no bearing on the outcome of the case, the Secretary-General’s cross-appeal could not be received.

The UNAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying “no” to the question whether he had “ever been indicted, fined or imprisoned for the violation of...

UNAT held that Mr. Saleh’s complaints of procedural unfairness were unsustainable for the reasons stated by the UNDT and he had not discharged the burden incumbent upon him to satisfy the Appeals Tribunal that the UNDT Judgment was defective in that regard. He merely repeated the untenable submissions he made before the UNDT.

UNAT took note that Mr. Saleh admitted to two counts of fraud. UNAT then held that Mr. Saleh’s conduct unquestionably damaged the trust relationship and the UNDT was correct to defer to the reasonable conclusion of the Administration that the damage was irreparable and...

The Secretary-General appealed the UNDT Judgment.

The UNAT found that the UNDT failed to address OAI’s investigation report, the acceptance of which led to Ms. Lekoetje’s severance from service. The investigation report was an important evidential element which should have been, but was not, examined and analyzed by the Dispute Tribunal. The UNDT was wrong to have dismissed the allegations of misconduct against Ms. Lekoetje without considering the investigation report’s evidence of them.

Because of the intertwined natures of the two relationships between UNDP and Ms. Lekoetje (landlord...

The motion is ill-founded and dismissed.

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 documents on record demonstrate, by clear and convincing evidence, that the Applicant had rented out his flat in Addis Ababa to two other staff members, based on a lease with an inflated rent (and without paying agent’s fees), and that the latter two used that lease to claim rental subsidy from UNHCR in an amount undue.