¹ú²úAV

The Tribunal concluded that: the investigation was carried out in accordance with the correct procedures; the facts were established by clear and convincing evidence; the facts established amounted to misconduct under the staff regulations and rules and that the sanction imposed was not excessive. Due process and procedural fairness: The Tribunal rejected the Applicant’s submission that the investigation into his actions should not have been commenced because there was no evidence of harm to the Organization. Pursuant to ST/AI/371/Amend.1, once there is reason to believe that a staff member...

She was charged with having “1. Engaged in the unlawful use of government-issued customs passbooks … of two international staff members to purchase duty-free items; 2. Failed to transfer the ownership of, and pay the government tax for, a duty-free car [she] purchased from an international staff member, and [having driven it] with diplomatic license plates for at least three years; 3. Falsified the signature of … the former Deputy Representative, UNHCR Office, Bangladesh, on a Bill of Sale on UNHCR letterhead dated 6 June 2010; and 4. Acted improperly when, on six occasions, [she] purchased...

Due process rights: Disciplinary proceedings are of an administrative and not of a criminal nature, hence criminal law procedures do not apply. The Applicant’s due process rights are contained in the relevant administrative issuances, under which rights such as the right to counsel and to be informed about the charges against him do only apply as of the moment the disciplinary procedure is initiated (charge letter), but not at the stage of the preliminary investigation. The right to cross examine witnesses does not apply at any stage of the administrative procedure, but only once the case is...

The Applicant’s actions were reasonable and in accordance with her obligation to carefully verify the cost of administrative services, procurement and logistical support, since all the costs were supported by UNAMI, in order to ensure that all the provisions of the OIOS Audit Manual were respected. There was no concrete negative result on the planned audit resulting from the annulment of the first MOP and that the Applicant’s actions, which she was taking in her capacity as CMS in UNAMI, consisting in a careful review of the alternative means to a face-to-face visit which could have resulted...

As part of a closing statement, the Applicant submitted new written evidence. The Tribunal rejected all new evidence as this evidence could have been submitted before the closing of the proceedings and no exceptional circumstances justified the late submission. The Applicant was not fully informed of all the evidence upon which the Administration would rely to impose the disciplinary sanction. However, he was nevertheless informed of the allegations against him and therefore the Tribunal proceeded to a de novo review of the facts and a judicial review of the remaining aspects of the case. It...

A very basic tenet of due process in a disciplinary case is that each of the relevant facts and allegations of misconduct must be presented to the accused person in such manner that s/he can easily understand them and is thereby afforded a fair and just opportunity to defend herself/himself. If not, the Administration cannot subsequently sanction a staff member against the backdrop of any such fact and/or allegation (in line herewith, see ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process), in particular para. 8.3). Further, this is a matter of access to justice...