����AV

The Applicant challenged her dismissal for misconduct, i.e. i) “gross negligence in the submission of false and fraudulent quotations for procurement of goods on behalf of UNICEF;” and ii) “committing irregularities in the handling of petty cash and abusing her authority by asking drivers, her supervisees, to certify false claims”. The Dispute Tribunal found that the facts upon which the first ground for dismissal was based did not amount to misconduct, and that those in support of the second ground did. It then found that dismissal was a disproportionate disciplinary measure to sanction the Applicant’s misconduct under the second ground alone, which should be considered as a minor offense in light of the circumstances of the case. Consequently, the Tribunal rescinded the decision, substituted the disciplinary measure of dismissal with a written censure and set the amount of compensation in lieu of rescission, under art. 10.5 of its Statute, to one year net base salary.