Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵAT noted that the Administration had initiated a preliminary investigation into the staff member¡¯s conduct with regard to the ostensible theft of cash from the office safe, reached agreements with him regarding repayment, and then sought initiation of criminal proceedings by filing a criminal complaint and delivering him to the local police. The Ä¢¹½ÊÓƵAT found that because the underlying facts of the case involved his conduct as a United Nations staff member towards his employer, the Ä¢¹½ÊÓƵDT should have been competent to review his application on the merits, had it been timely filed.

The Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵRWA DT Judgment. Regarding the deduction of a sum of money from his separation benefits, Ä¢¹½ÊÓƵAT agreed that this claim was not first submitted for decision review. Regarding his separation from service without termination indemnity, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵRWA DT Judgment. The Tribunal agreed with the Ä¢¹½ÊÓƵRWA DT that the bank statement did not contain the correct amount and that the invoices he submitted did not relate to genuine purchases. Ä¢¹½ÊÓƵAT was satisfied that: (i) the facts on which the disciplinary measure was based had been established by clear and convincing...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal. Ä¢¹½ÊÓƵAT noted that the established facts showed that the Appellant¡¯s negligence as Head Storekeeper facilitated the misconduct of other staff members and his negligence was evidenced by the excess of merchandise in the storeroom under his control, and by his failure to keep an inventory of the items in his custody. Ä¢¹½ÊÓƵAT held that the Appellant neither successfully rebutted these facts, nor demonstrated any flaws in the administrative and disciplinary procedures. Ä¢¹½ÊÓƵAT held that the sanction of demotion was lawful. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the...

Ä¢¹½ÊÓƵAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to Ä¢¹½ÊÓƵDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, Ä¢¹½ÊÓƵAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. Ä¢¹½ÊÓƵAT agreed with the finding of Ä¢¹½ÊÓƵDT that the established facts amounted to serious...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by considering as mitigating factors the recommendation of Mr Jaffa¡¯s immediate supervisors that his actions warranted a reprimand and the fact that Mr Jaffa continued to perform for two further years (with positive reviews). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching sufficient importance to the fact that Mr Jaffa held a position of trust as a Finance Assistant. Ä¢¹½ÊÓƵAT held that the Secretary-General had not overlooked relevant mitigating factors in imposing the sanction of separation from service. Ä¢¹½ÊÓƵAT held that it...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. Ä¢¹½ÊÓƵAT held that a number of the factual findings made by Ä¢¹½ÊÓƵDT were not supported by the evidence and were unreasonable. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT should have limited itself to determining whether the Secretary-General was within his authority to impose disciplinary measures on Mr. Hossain, and that by speculating on the misconduct of another individual, the Ä¢¹½ÊÓƵDT exceeded its competence. Ä¢¹½ÊÓƵAT held...

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...

Establishment of the facts which form the basis of disciplinary measures The Tribunal emphasized that the establishment of the facts was not contested by the Applicant. The Applicant admitted to having taken, on four occasions and without authorisation, a total of four beehives that belonged to Ä¢¹½ÊÓƵOG and brought them back to his home, between October 2015 and February 4 2016. He also admitted to having them repainted, for having removed their nameplates and for wanting to install them in his garden. Do the established facts constitute a fault? The Tribunal was of the opinion that the removal of...

After being presented with the allegations of misconduct on 9 July 2014, the Applicant responded on 21 August 2014. The decision to impose a disciplinary sanction on the Applicant was communicated to him on 4 December 2014. Thus, a review of the entire case against the Applicant and communicating to him of the outcome took a little over three months. This time frame was not unreasonable and did not constitute a breach of due process. On the facts before the Tribunal, the Applicant did not adduce any evidence to give the Tribunal a basis for reviewing the Secretary-General¡¯s exercise of...

The Tribunal did not agree with the Respondent that the actions of the Applicant as seen on the video footages were sufficient to rise to the required standard of proof of clear and convincing evidence to establish stealing; but found that the actions of the Applicant after he left with the shopping bag and the glaring inconsistencies in his testimony clearly pointed to a level of dishonesty betraying guilty knowledge that he did not pay for the items at issue. In other words, the Applicant knew that he did not pay for certain items especially after he, a career security officer, was accosted...