UNDT/2023/114 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/114, Irambona

UNAT Held or UNDT Pronouncements

The application is denied.

Decision Contested or Judgment Appealed

^{The implied decision to refer allegations of theft, of which the Applicant was accused, to Burundian national authorities; the implied decision to waive the Applicant's immunity in relation to the theft case of which the Applicant was accused; (c) the decision to retain monies paid by the Applicant to the United Nations in relation to a theft which has not been investigated and in relation to which no disciplinary finding was ever made; and (d) the decision not to pay the Applicant's last month’s salary and separation entitlements}

Legal Principle(s)

^{ST/AI/2017/1, paragraph 9.5 states, inter alia, that “[t]he Under-Secretary-General may then decide to recover, in part or in full, any financial loss suffered by the Organization pursuant to staff rule 10.1 (b). Staff rule 10.1(b), in turn, says that “the staff member may be required to reimburse the United Nations either partially or in full for any financial loss suffered by the United Nations as a result of the staff member’s conduct.”}

^{ST/AI/2017/1, paragraph 9.6 states, “the Under-Secretary-General for Management may decide to withhold the estimated financial loss suffered by the Organization from the staff member’s final separation entitlements.”}

Outcome

Dismissed on merits

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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

Irambona

Entity

BINUB

Case Number(s)

UNDT/NBI/2022/039

Tribunal

UNDT

Registry Location :

Nairobi