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The Administration, having reviewed the OIOS report, had reason to believe that the Applicant may have engaged in unsatisfactory conduct for which disciplinary measures may be imposed. The discretion was exercised judiciously by the responsible officers after review of the OIOS Investigation Report. The findings of the ASG/OHRM were those of an objective observer who had scrutinized the entire dossier and made conclusions on the basis of the evidence before him. There was no procedural irregularity on the part of the Organization as there was full compliance with ST/AI/371. Where an Applicant...

The purported termination conveyed in the letter from the ED of Ä¢¹½ÊÓƵOPS dated 11 May 2010 is accordingly rescinded. The Tribunal finds that the Applicant had not misused his Ä¢¹½ÊÓƵLP and Ä¢¹½ÊÓƵ ID when he showed it to the person with whom he had entered into a business transaction. Ultra Vires: The Secretary-General or his agents in the instant case blatantly acted outside the scope of his or their authority in carrying a disciplinary process beyond the expiry date of the staff member¡¯s contract. The decision to separate the Applicant in May 2010 was manifestly ultra vires and therefore unlawful. Debt...

The Ä¢¹½ÊÓƵDT found that the Applicant had been grossly negligent in that a duty-conscious and vigilant Logistics Assistant in the Applicant¡¯s position ought to have reasonably foreseen that the documents in possession of Mr Weah were sufficient to enable him to misappropriate the containers. The sanction was fair and proportionate. The Application therefore failed. Negligence test: Three elements which must be established to prove gross negligence; namely, (1) a failure in the form of an act or omission to exercise the requisite standard of care; (2) the standard of care required is that which a...

The Ä¢¹½ÊÓƵDT found that the decision to summarily dismiss the Applicant was wrongful. Assault: A charge of assault is a criminal charge and it was not within Ä¢¹½ÊÓƵICEF competence to investigate a criminal offence or a tort alleged to have been committed. Identification of staff members: The Tribunal took judicial notice of the fact that when an international staff member finds him or herself facing an imminent threat of physical harm or is placed in some other peculiar position especially in a foreign country, it is reasonable to identify oneself as a Ä¢¹½ÊÓƵ Staff Member. Sexual harassment: It is unusual...

The fact that the attempt to defraud the medical claims system was not successful did not diminish the Applicant¡¯s liability in having made a false claim, as such; his actions destroyed the faith of the Organization in the Applicant which was necessary for continuing employment relationship. Proportionality: Although comparison between other similar cases can be referred to, they should be treated with caution as every case turns on its own facts. In determining whether to lessen the imposed sanction, the Tribunal will consider mitigating circumstance that had not been previously considered....

Obligation to take action under ST/SGB/2008/5: The Administration¡¯s obligation to take prompt and concrete action under section 5.3 of ST/SGB/2008/5 is not limited to formal complaints or reports but also extends to ¡°allegations¡± of prohibited conduct. Scope of application of ST/SGB/2008/5: Comments made in the context of a staff member¡¯s performance appraisal could in some circumstances fall under ST/SGB/2008/5. For example, harsh criticism unsupported by examples or the use of offensive language could constitute improper conduct that might reasonably be expected or be perceived to cause...

Challenging the valididty of a medical certificate: When a staff member submits a medical certificate to justify his or her absence or the failure to fulfill a professional obligation, and where the Administration questions the validity of the medical certificate, it must have the staff member examined by the Organization¡¯s medical service or, in the event of further dispute, by a medical commission.Outcome: Judgment in favour of applicant in full (both financial compensation and rescission ordered)

The Tribunal found that there was not clear and convincing proof that the documents were fake and therefore that count failed. However, as regards the other charges, the Applicant had not denied the violations, rather he had indicated that his superior, the Country Representative, was to blame for giving instructions to the Applicant which were in breach of the rules. The Tribunal considered that the responsibility of an Operations Manager when dealing, in particular, with procurement matters, was such that he could not rely on instructions given from above. Therefore, his liability in respect...

Attempted theft: In the instant case, the Applicant¡¯s counsel cites the 23 June 2011 Judgment and argued that ¡°it follows that whereas the offence of an attempt to commit an act that could amount, if completed, to misconduct is not envisaged as a sanctionable offence within the prevailing legislative framework of the United Nations, the dismissal of the Applicant must be held to have been ultra vires.¡± This interpretation and application of the Tribunal¡¯s reasoning in the said judgment to this case and the Applicant¡¯s circumstances is misconceived and misleading. This is because the offence of...

A review of other similar cases revealed that only one other staff member was separated for illegal possession/use of drugs, and that was a far more serious case. The sanction in the present case was disproportionate in the light of the comparators. Ä¢¹½ÊÓƵDT endorsed Sow. Equality of treatment in the workplace is a core principle which must be applied by the Secretary-General when imposing disciplinary sanctions.