¹ú²úAV

The Tribunal found no procedural flaws in the procedure adopted to investigate and impose the disciplinary action taken.

The Tribunal determined that the application should be denied since the misconduct committed by the Applicant was very serious and there were no mitigating factors. The Applicant refused to supply relevant information even though she knew that it was known that she had a sister working in the Organization.

The disciplinary measure imposed was therefore proportionate and fairly imposed, with full opportunity to respond to questions asked and clarify answers, if necessary.

The ASG/OHR considered all the relevant facts, and weighed the reasons provided by the Director of the RSCE. She considered the circumstances surrounding the Applicant’s prior service on a temporary appointment, and the exception previously granted to the Applicant’s sister. 

The Respondent created no legitimate expectation that the exception previously granted to the Applicant’s sister would automatically result in the Applicant being later granted an exception, too; indeed, the derogation in the past had a different factual basis in the type and length of the relationship (and the temporary...

UNAT considered the Secretary-General’s appeal. UNAT dismissed Mr Rajan’s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. UNAT held that the UNDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. UNAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. UNAT held that it was Mr Rajan’s responsibility to ascertain that he was providing accurate...