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The sanction was based on a finding that the Applicant had engaged in misconduct when he left a hand-held radio and an MP5 9 mm submachine gun with two magazines and approximately 60 rounds of ammunition UNATtended in a UN vehicle that he had been operating, resulting in these items being stolen when an unknown person or persons broke into that vehicle while the Applicant waited several minutes in a restaurant for a take-out meal. The UNDT Tribunal found that the imposed sanction was not manifestly unreasonable, unnecessarily harsh, obviously absurd or flagrantly arbitrary. It was within the...

The Tribunal found that there was no basis for finding that the OiC/MEU’s writing in the MEU’s letter to the Applicant amounted to a breach of either ST/SGB/2008/5 or ST/AI/371 and the USG/DM, therefore, did not infringe on the Applicant’s rights when dismissing his complaints against the OiC/MEU. Accordingly, the application was dismissed.

The Tribunal found that it was established by clear and convincing evidence that the Applicant had had sexual intercourse with two persons under the age of eighteen and that the sanction of dismissal, together with a fine, were proportionate to the established misconduct. This conclusion was independent from the outcome of the judicial proceedings before the national courts of Kosovo with respect to the violation(s) of the CCK. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine(1) whether the facts on which the disciplinary measure was...

When termination was the possible outcome of the investigation, each allegation of misconduct must be established by clear and convincing evidence; in other words, the truth of the facts asserted must have been highly probable. The only rule cited as applicable in this case referred to a blood alcohol level as a measure of intoxication. The Applicant was not subjected to a blood test. TheTribunal found that there was no clear or convincing evidence before the Respondent that the Applicant drove while intoxicated. There is no rule prohibiting United Nations staff from having a drink of alcohol...

The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...

The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...