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The Administration has to prove their allegation of breaches of the Staff Regulations and Staff Rules. The Tribunal took the view that the case of misrepresentations had been proven by clear and convincing evidence. While the Applicant made several submissions in mitigation, she did not introduce any facts that constituted a denial of the breaches alleged. The Organization must maintain standards and be fair to all concerned. Consequently, if others were rejected for employment during the recruitment process because they were not qualified, then this should be the position across the board...

There was clear and convincing evidence that the Applicant used his position of authority to unduly influence the continued employment of FM at GITTS, MINUSCA. The fact that the Applicant failed to disclose a conflict of interest arising from his sexual relationship with FM and his continued involvement in her recruitment at GITTS, MINUSCA were proved by clear and convincing evidence. The Applicant sent interview questions to the complainant, and there was clear and convincing evidence that the Applicant used his position of authority as Chief of GITTS, MINUSCA, to unduly influence the...

The established facts qualified as misconduct under the Staff Regulations and Rules. There was evidence that the totality of the circumstances, including mitigating factors such as the Applicant¡¯s long service with the Organization and her admission, albeit only after the Organization¡¯s discovery of her fraud, were considered in keeping with set principles. There was basis for the assertion that the practice of the Secretary-General in disciplinary matters shows that measures at the stricter end of the spectrum have normally been imposed by the Organization in cases involving falsification of...

The Tribunal concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested decision. The mere fact that the Applicant had knowingly submitted unauthentic invoices and receipts to Cigna, that action consitituted a violation of staff regulation 1.2(b) and amounted to misconduct. The sanction letter dated 8 March 2019 demonstrated that the Administration had undertaken a proper consideration of the nature of the Applicant¡¯s actions as well as the mitigating and aggravating factors of the case. Accordingly, the disciplinary measure of...

The Tribunal found that that there was clear and convincing evidence that the Applicant committed the misconduct complained of, and that the established facts qualified as misconduct under the Staff Regulations and Rules, further that the sanction was proportionate to the offence and was therefore lawful. The Tribunal also found that there were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant. The degree of sensitivity of the alleged misconduct did not constitute an exceptional circumstance warranting...

A very basic tenet of due process in a disciplinary case is that each of the relevant facts and allegations of misconduct must be presented to the accused person in such manner that s/he can easily understand them and is thereby afforded a fair and just opportunity to defend herself/himself. If not, the Administration cannot subsequently sanction a staff member against the backdrop of any such fact and/or allegation (in line herewith, see ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process), in particular para. 8.3). Further, this is a matter of access to justice...

It is not the role of the Dispute Tribunal to evaluate the correctness of the contested decision but rather examine whether the Administration respected the bounds of its discretionary power in reaching it. While the Applicant alleged that evidence was ignored and that OIOS investigators were biased against him, he provided no detail in support of these assertions. Tribunal was satisfied that OIOS interviewed all relevant witnesses with respect to the incidents of alleged sexual misconduct and reviewed the available documentation. The Tribunal was also satisfied that the conclusion that the...

The contested decision fell within the Administration¡¯s margin of appreciation and was a reasonable exercise of discretion. Under the applicable legal framework, the Applicant is not entitled to force the Administration to investigate her complaint. To the contrary, the responsible official is provided with a discretion to initiate or not to initiate an investigation under the applicable legal framework. The decisionmaker reasonably decided not to investigate the Applicant¡¯s complaint in light of the alleged harasser¡¯s resignation. The decision was also procedurally compliant as the...

The Tribunal finds that the recovery of CHF2,838 constituting financial loss occasioned to the Respondent through the Applicant¡¯s private phone calls is not a relevant consideration to the determination of the proportionality of the sanction. This is because the recovery is not a disciplinary measure within the meaning of staff rule 10.2(b)(ii) which expressly clarifies that recovery of monies owed to the Organisation is a not a disciplinary measure. The Applicant has failed to show that he deserves a more lenient sanction than the one imposed. His impecuniosity, resulting from the sanction is...

Even though the relevant legal framework provides no guidance on the procedure to be followed for a transfer decision, the general principle of good faith and fair dealings dictates that a staff member should typically¡ªand at a minimum¡ªbe consulted about such transfer before the final decision is made and priorly be provided with a genuine opportunity to comment thereon --As a matter of good faith and fair dealings, an administrative decision that significantly alters the terms and conditions of a staff member¡¯s employment should be notified to this person in a formal written decision --It is...