爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the Secretary-General discharged his burden to establish the facts of misconduct by clear and convincing evidence in relation to all the allegations of wrongdoing regarding the special education grants. 爆料网AT held that the evidence proved not only fraud in the form of false accounting, but also the uttering of forged and falsified documents to the Organisation. 爆料网AT held that the staff member’s behaviour constituted serious misconduct by which she enriched herself by approximately USD 50,000 at the expense of the Organisation. 爆料网AT held that dishonesty and impropriety of this kind justified summary dismissal without any benefits. 爆料网AT upheld the Secretary-General’s appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The staff member contested the decision to summarily dismiss her. 爆料网DT found that there was clear and convincing evidence to substantiate the allegation that the staff member had committed misconduct by submitting requests for special education grants for her children overstating the fees charged by the school and by omitting to declare sibling discounts and scholarships received from the school for three school years. However, 爆料网DT held that the decision to summarily dismiss her from service for fraud was disproportionate, excessive, too severe, and therefore unlawful. 爆料网DT consequently upheld the staff member’s application in part, ordered partial rescission of the dismissal decision (to be replaced with separation from service with termination indemnity) or six months’ net base salary as an alternative compensation in place of the complete rescission of the dismissal decision.
Legal Principle(s)
Fraud, forgery, and uttering falsified documents to the Organisation constitute serious misconduct. Dishonesty and impropriety of this kind justify summary dismissal without any benefits.