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The UNAT noted that the staff member’s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the UNAT found that the UNDT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent’s fees.

The UNAT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...

The UNAT noted that the UNDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.

The UNAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the UNDP which was subject to any loss from undue reimbursements.

The UNAT found that the staff member’s certification to Cigna of the correctness of the...

The UNAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The UNAT agreed with the UNDT that the lawfulness of the...

The UNAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT appropriately considered the former staff member's admissions, as well as the video clip...

The UNAT observed that two e-mail exchanges between Ms. Nimusiima and a former UNHCR staff member (AM) were the only documentary evidence offered to establish Ms. Nimusiima’s culpability in issuing a fraudulent resettlement letter in exchange for a bribe.

The UNDT had concluded that these e-mail exchanges showed that Ms. Nimusiima acted in concert with AM, but that they were nonetheless “equivocal” (unclear/vague), “purely circumstantial” and did not prove with high probability that AM had sent the fraudulent resettlement letter to the Complainant (the alleged refugee).

With regard to...

After consulting the Staff Regulations and Rules and the Respondent’s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.

The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.

The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.

The evidence is clear that the Respondent’s argument that a Military Officer was authorized to conduct a breathalyzer...

The UNAT held that the UNDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The UNAT found that the UNDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant’s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...

The UNAT considered an appeal by the staff member.

The UNAT found that the UNDT had reviewed the disciplinary decision thoroughly and methodically; the UNDT had not erred in fact or law in conducting the proportionality analysis and there had been no irregularity in the investigation and disciplinary process, warranting intervention.

The UNAT agreed that the obligation not to disclose internal information is not limited to confidential information. The UNAT found that even if the staff member had liaison functions with member states, it did not give her the right to communicate internal...

The UNAT held that the UNDT did not err in concluding that there was clear and convincing evidence that the Appellant physically assaulted another staff member and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate to the nature and gravity of the Appellant’s misconduct. Importantly, the Appellant did not establish a degree of provocation that mitigated her retaliation which was also excessive and beyond the bounds of any permissible defense in the altercation.

The findings of the UNDT that the...

The UNAT held that the staff member was responsible for having agreed that the UNDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the UNDT could nevertheless have held a hearing. The UNAT found that the UNDT was entitled to conclude on the complainant’s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The UNDT was entitled to conclude that this was an...