The decision to terminate the Applicant’s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness.The Secretary-General’s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract.The termination of the Applicant’s appointment as a result of...
ST/AI/234
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The decision to terminate the Applicant’s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness. The Secretary-General’s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract. The termination of the Applicant’s appointment as a result of...
Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if heintends to put forward a different version of events from that given by the claimant, he...
Disciplinary matters / misconduct
Dismissal/separation
Fraud, misrepresentation and false certification
Due process
Due Process: It is UNAT jurisprudence that based on the staff rules there is no mandatory right to counsel for staff members who are undergoing interviews during the preliminary investigation of allegations for misconduct. Ultra vires: The author of the decision in this case was not the person who signed the 15 August 2011 dismissal letter but, as referred to in the letter, was the Under-Secretary-General for Management who took the decision on behalf of the Secretary-General. Pursuant to ST/AI 371/Amend.1, the decision-maker had the proper authority to do so and the decision was not ultra...