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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 ±¬ÁÏÍøDP is self-insured, these funds represented a loss to ±¬ÁÏÍøDP.

The Applicant¡¯s behaviour fell within what the ±¬ÁÏÍøDP 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 ±¬ÁÏÍøHCR in an amount undue.

The ±¬ÁÏÍøAT held that the staff member was responsible for having agreed that the ±¬ÁÏÍøDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the ±¬ÁÏÍøDT could nevertheless have held a hearing. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The ±¬ÁÏÍøDT was entitled to conclude that this was an...

±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the ±¬ÁÏÍøAT Rules of Procedure. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in striking the evidence filed with the Appellant¡¯s closing submissions or in refusing to hear the Appellant¡¯s supervisors as witnesses. ±¬ÁÏÍøAT held that there was clear and convincing evidence that the Appellant used the ±¬ÁÏÍøHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

Ms. Specker appealed. The ±¬ÁÏÍøAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The ±¬ÁÏÍøAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

In all the circumstances, the Respondent failed to prove by clear and convincing evidence the basis for the finding of misconduct that led to the Applicant¡¯s dismissal. There was no clear and convincing evidence of any factual basis for a finding that the Applicant committed the actions as alleged. The Tribunal found that due process was observed. However, the failure to interview appropriate witnesses adversely detracted from the standard of proof of misconduct achieved by the Respondent. That standard did not reach the level of a clear and convincing case. Of the remedies sought by the...

The Tribunal recalled its observations in Fultang ±¬ÁÏÍøDT/2022/102 filed by this Applicant. The measure is provided in the interest of the Organization; and was fully justified by the need to preserve evidence and to avoid the risk of repetition or continuation of further acts similar to those the Applicant was accused of.

The Tribunal found that the use of the investigation report was not subject to the confidentiality agreement between the parties; it was an autonomous document, which was lawfully used in court. The decision did not constitute a disciplinary measure. It was taken pending the completion of the disciplinary process and was without prejudice to the Applicant¡¯s rights. More than one circumstance warranting the placement of the staff member on ALWP occurred. The Applicant could be dismissed or separated from service with the United Nations for breach of the duty of trust and confidence, in...

Whether the facts on which the disciplinary measures were based have been established There is evidence that the Applicant improperly interfered with the recruitment exercise for the position of LSA Sulaymaniyah. Also, the Applicant does not dispute the fact that he did not report potential misconduct on the part of his supervisor. Accordingly, the Administration has established to the requisite standard of proof the facts on which the disciplinary measures were based. Whether the established facts legally amount to misconduct The Administration correctly determined that:

a. By moving Mr. D...

Mr. Branglidor appealed. ±¬ÁÏÍøAT found that the totality of the evidence confirmed the ±¬ÁÏÍøDT¡¯s conclusion that Mr. Branglidor was well aware of the untruthfulness of the forms when he submitted the second claim for the regular disbursement of the education grant. ±¬ÁÏÍøAT was satisifed that the ±¬ÁÏÍøDT was correct when it held that the act of misconduct was committed with knowledge and intent. Even though the misconduct did not lead to any actual prejudice, since the Administration recovered the payment made in advance and did not pay any further education grant, Mr. Branglidor¡¯s endeavor could have...