����AV

The Respondent had no clear and convincing evidence on which to decide on dismissal of the Applicant for violating Ivorian law in 2007 by accepting payment to produce false passports and committing fraud. On a literal interpretation of staff regulation 1.2(b), the Applicant engaged in misconduct. His negative response to the PHP question about prior indictments, fines or imprisonment amounted to an intentional withholding of required information pertinent to the Organization’s background integrity checks. The answer was neither truthful nor honest. The Applicant certified in his PHP that he understood that the intentional withholding of information would be grounds for immediate cancellation or termination of any appointment obtained in his application process. On this basis alone it is clear that, as certified by the Applicant, the sanction of separation from service is proportionate to the offence. Trust between the Organization and a staff member is essential to the employment relationship. By submitting false information in support of a job application, the Applicant undermined trust, thereby rendering continuation of the employment relationship untenable. It is clear from the procedural background to his disciplinary sanction that the Applicant was afforded due process rights. He was fully informed of the matters being investigated, he was interviewed, and efforts were made to have him provide contact information for persons referred to in his interview so they could also be interviewed. Contrary to the Applicant’s submission, there was full compliance by the Respondent with sections 6.10(f) and (g) of ST/AI/2017/1. The Respondent allowed for the Applicant to be fully heard orally during the interview and extended time for him to provide any further information in writing thereafter.