The Applicant was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the UNDT. He did not.
The Tribunal, based on the evidence on the record, established that there was clear and convincing evidence that the Applicant was involved in the fraudulent scheme and in the attempt to interfere with the investigation into that scheme by inducing a witness to lie to investigators.
Regarding misconduct, the Tribunal concluded that it was clear that the established facts qualified as serious misconduct.
On the due process prong, the Tribunal concluded that the Applicant鈥檚 due process rights were respected during the investigation and disciplinary process.
On whether the sanction was...
The Tribunal found that the Applicant鈥檚 candidature was not given full and fair consideration. Many questions were deleted after the test, a grading methodology was developed after the test and even the passing grade was determined after the test. If indeed there was a legitimate need to make a correction, which there was no proof that there was, the permitted action that the Administration could have taken as per Chhikara 2020-UNAT-1014 was either: (a) administer a new written test to all candidates; or (b) implement variations to the assessment methodology that would not have prejudiced any...
