UNDT/2020/028

UNDT/2020/028, Massart

UNAT Held or UNDT Pronouncements

The fact that the Applicant stated the same erroneous date in the two separate communications clearly and convincingly showed that the Applicant did so deliberately—it was not just a simple typographical mistake. Having found that the Applicant had intentionally misrepresented a divorce date in two separate communications, including an official form, resulting in his unjust enrichment, it clearly fell within the Administration’s latitude of discretion to conclude that the Applicant had committed misconduct. Considering the gravity of the Applicant’s misrepresentations, including the intentional character and his resulting enrichment, UNDP did not overstep its margin of discretion when imposing the disciplinary measure of dismissal for misconduct.

Decision Contested or Judgment/Order Appealed

The Applicant’s summary dismissal.

Legal Principle(s)

UNDT’s limited judicial review of a disciplinary case.

Outcome

Dismissed on merits

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Full Judgment

Applicants/Appellants

Massart

Entity

UNDP

Case Number(s)

UNDT/NY/2019/095

Tribunal

UNDT

Registry

New York