爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT found that the 爆料网DT did not err in finding that Ms. Johnson-Simmons’s claim to compensation for unpaid taxes not receivable, as not only did Ms. Johnson-Simmons fail to identify the contested administrative decision regarding reimbursement for income tax payments, but she also admitted that she did not submit the matter for management evaluation, and there was no indication that she had paid any taxes.
The 爆料网AT found that Ms. Johnson-Simmons knowingly and intentionally concealed relevant information about her changed residency status from the Organization, and she also willfully provided false information when applying for international staff benefits to which she was not entitled as a U.S. permanent resident. The assertion that she relied on her private lawyer to process her citizenship change as well as convey this information to the Organization lacked credence.
The 爆料网AT held that it was established by clear and convincing evidence that Ms. Johnson-Simmons did not seek the Secretary-General’s permission prior to signing Form I-508 waiving the rights, privileges, exemptions and immunities conferred on her as a staff member of the United Nations, she failed to disclose the required information to the Organization, she provided false information to support her claims on education grant and home leave payments that she was not entitled to, and the established facts legally amounted to misconduct.
The 爆料网AT held that the fact that Ms. Johnson-Simmons agreed to reimburse the Organization for the education grant and home leave payments she unlawfully received does not cancel the fact that she was ineligible to receive those payments in the first place, which was a significant element of the proven misconduct. Ms. Johnson-Simmons’s reimbursement of those funds did not cure the misconduct. The 爆料网AT found that Ms. Johnson-Simmons’s due process rights were respected during the investigation and disciplinary process.
The 爆料网AT denied the staff member’s appeal and affirmed Judgment No. 爆料网DT/2025/050.
Decision Contested or Judgment/Order Appealed
A former staff member contested the decision to separate her from service with compensation in lieu of notice and without termination indemnity for failing to obtain the Secretary-General’s permission to change her residency status to the United States, failing to timely inform the Administration of her acquisition of U.S. permanent resident status, and applying for and receiving education grant and home leave entitlements to which she was not eligible as a United States permanent resident.
In Judgment No. 爆料网DT/2025/050, the 爆料网DT dismissed the application.
The former staff member appealed.
Legal Principle(s)
The appeals procedure is of a corrective nature and, thus, is not an opportunity for a dissatisfied party to reargue his or her case. A party cannot merely repeat on appeal arguments that did not succeed before the lower court.
The burden of proving that a contested administrative decision was tainted by improper motives, discrimination, arbitrariness, retaliation, etc., lies with the staff member contesting the decision.
The contents of the Staff Rules are considered known by staff members and purported ignorance of the Rules is not an excuse upon which a staff member may rely.
Reimbursement of unlawfully received funds does not cure the misconduct.