UNDT/2017/089 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2017/089, Hirji

UNAT Held or UNDT Pronouncements

The allegations of soliciting and receiving money from several UNMISS International Individual Contractors (IICs) were proven by clear and convincing evidence and that the established facts legally amounted to misconduct under the staff regulation 1.2(g) and staff rule 1.2(k) because in 2014 and 2015, the Applicant solicited and/or accepted monetary payments from the IICs knowing that these payments were being made because of assistance he provided or was believed to have provided in his position as a finance assistant with the Organization. In the absence of a request for management evaluation by the Applicant for his placement on ALWOP and in the face of a finding that the allegations against the Applicant were sufficiently proven the challenge to the placement of the Applicant on ALWOP during the pendency of the disciplinary process could not be entertained by the Tribunal. The investigative and disciplinary processes which led to the Applicant’s separation were not tainted by any substantive or procedural irregularities.

Decision Contested or Judgment Appealed

The disciplinary measure of separation from service, with compensation in lieu of notice, and without termination indemnity, in accordance with staff rule 10.2(a)(viii).

Legal Principle(s)

Staff members are to uphold the highest standards of efficiency, competence and integrity (staff regulation 1.2(b) staff members shall not use their office or knowledge gained from their official functions for private gain, financial or otherwise, or for the private gain of any third party, including family, friends and those they favour (staff regulation 1.2(g) and staff members shall not seek or accept any favour, gift, remuneration or any other personal benefit from another staff member or from a third party in exchange for performing, failing to perform or delaying the performance of any official act (staff rule 1.2(k). Even though an applicant is not required to seek management evaluation in challenging a mandatory separation from service which is a disciplinary action, Administrative Leave Without Pay (ALWOP) does not constitute disciplinary action and therefore management evaluation is a sine qua non for the purposes of challenging it before the Tribunal.

Outcome

Dismissed on merits

Outcome Extra Text

The case against the Applicant was established by clear and convincing evidence and that disciplinary action was warranted in the circumstances.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Hirji

Entity

UNMISS

Case Number(s)

UNDT/NBI/2017/003

Tribunal

UNDT

Registry Location :

Nairobi