¹ú²úAV

Although the complaint against the former High Commissioner was made under ST/SGB/2008/5, its investigation and the contested decision were undertaken under ST/SGB/2019/8 and ST/AI/2017/1, in keeping with sec. 8.3 of ST/SGB/2019/8.

The aspect of the application whose receivability the Respondent objected to relates to the way the Applicant’s complaints of abuse of authority, which were laid under ST/SGB/2008/5 and ST/SGB/2019/8, were investigated. This fact brings that aspect of the application into the ambit of Nwuke 2010-UNAT-099. Consequently, the totality of the application is receivable...

It was established by the evidence on record that the Applicant engaged in unauthorized contacts with Member States and the EU, media outlets and social media. It was also undisputed that said external communications included allegations that the UN and its officials were involved in serious acts of misconduct and crimes of international law, including complicity in genocide.

What was left to be determined was whether the Applicant had a lawful justification for her conduct under the Protection Against Retaliation (PAR) Policy, and whether said conduct legally amounted to misconduct.

With...

The applicants appealed the imposition of disciplinary measures on the grounds that the evidence against them was unfairly obtained as the applicants were not informed that they were under investigation or suspected of misconduct and that this breach of due process vitiated the imposition of disciplinary measures. A breach of the right to due process is both procedurally and substantively unfair. The Tribunal cannot uphold the findings and conclusions of a disciplinary process that was fundamentally flawed where the panel failed to uphold the applicants’ rights to due process. Outcome: The...