Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that it was established that the former staff member diverted funds contributed to the United Nations Staff Union to support Ä¢¹½ÊÓƵ Staff Day to the United Nations Athletic Club (Ä¢¹½ÊÓƵAC). The Ä¢¹½ÊÓƵAT affirmed that even if the former staff member did not obtain personal gain, she misused her office for the private gain of a third party, the Ä¢¹½ÊÓƵAC, which constituted misconduct.
The Ä¢¹½ÊÓƵAT held that irrespective of what the former staff member¡¯s work environment was like, it cannot justify misconduct.
The Ä¢¹½ÊÓƵAT further held that any form of dishonest conduct which compromises the relationship of trust between an employer and their employees warrants dismissal, and therefore, the sanction imposed on the former staff member was proportionate.
The Ä¢¹½ÊÓƵAT dismissed the application and affirmed the Ä¢¹½ÊÓƵDT Judgment.
Decision Contested or Judgment/Order Appealed
The former staff member contested the decisions (a) to dismiss her from service pursuant to fraud, and (b) to separate her from service with compensation in lieu of notice but without termination indemnity for misuse of authority.
In Judgment No. Ä¢¹½ÊÓƵDT/2023/141, the Ä¢¹½ÊÓƵDT dismissed the application.
The former staff member appealed.
Legal Principle(s)
Dishonest conduct involves intent or some element of deception and merits the most severe sanctions such as separation from service or dismissal. Deliberate false statements, misrepresentations and failure to disclose required information are inevitably dishonest.
Fraud consists of three cumulative elements: the unlawful making of a misrepresentation, the intent to defraud or deceive, and causing actual or potential prejudice to another. Personal gain is not an element of fraud or misuse of authority.