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The Tribunal defined the overall issues of the present case as follows:

Whether the Applicant wilfully misled the Organization

While there were many factual disagreements between the parties, including with respect to the details of the financial gains and dealings the Applicant was involved with, the Tribunal found that it was not necessary to resolve all those disputes during this exercise of judicial review. The Applicant admitted his extensive financial relationships with Mr. David Kendrick and that he failed to disclose these relationships to the Organization. These admissions were...

The Applicant’s request for RC to prepare questions for the ACABQ members to ask the USG/OSAA about the issues that the Senior Managers had been contesting in the office was a breach of staff regulation 1.2(i) which provides that “[s]taff members shall exercise the utmost discretion with regard to all matters of official business. They shall not communicate to any Government, entity, person or any other source any information known to them by reason of their official position that they know or ought to have known has not been made public, except as appropriate in the normal course of their...

It was undisputed and established by clear and convincing evidence that the Applicant engaged in several instances of outside activities. It was further undisputed that the Applicant was advised to seek authorization for her online activities. The Applicant’s challenge, therefore, is limited to the characterization of the established conduct as outside activities and, consequently, as misconduct.

Whether the facts on which the disciplinary measure was based have been established by clear and convincing evidence

Based on the evidence on record, the Tribunal found that the Applicant was aware that...

The Tribunal found that:

(a) The Applicant did not satisfy the criteria which would support his claim to whistleblower protection.

(b) The facts of the contested decision were properly establised. Since the Complainant had the relevant qualifications and experience, the Applicant’s attacks on her were neither well founded, nor did they constitute a fair response or comment in the circumstances. The concerns were defamatory of her professionalism and integrity. Accordingly, the Applicant made disparaging remarks about the Complainant in front of other UNJSPF staff. In addition, the Applicant...

It consistently follows from AA’s responses, or lack thereof, to the Applicant’s many texts on the proposed “bet” that he found these messages unwelcome. For instance, AA wrote to the Applicant that: “Still on that topic man?”; “I value my dignity more than $2.000”; “I do not bet”; “I thought it was a really stupid bet haha I would never [force you to pay] me, but you have kept bringing it up 1298548065908 times. That is why I say that if you continue with that emotional topic, I will send you my UNFCU account and that is it”; “The bet. Now, man, stop the subject. It is over”. Despite this...

The Trinunal found that the Applicant’s contest to the decision of 19 July 2021 to place him on ALWP was time-barred as the Applicant did not request management evaluation of that decision within the stipulated deadline. The Tribunal found that the subsquent decisions to extend the Applicant’s placement on ALWP were lawful.

The Tribunal found that Applicant’s persistent refusal to complete the 2018/2019 e-PAS evaluations for staff members for whom the Applicant was the First Reporting Officer ("FRO") and engage with KJ constituted misconduct. The Tribunal further found that the Applicant...

The UNAT first considered the staff member’s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The UNAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the UNAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the UNDT did not err in not holding an oral hearing...

The Tribunal held that:

a. The facts upon which the Applicant was reproached do not amount to misconduct;

b. it was not part of the Applicant’s remit to verify where the staff members were located;

c. The issue regarding the Applicant’s factual knowledge of where the other staff member resided during the period in question was based on conjecture;

d. The Respondent had not adduced any evidence to indicate that the Applicant always and effectively knew where the other staff member was residing in each moment, or had any knowledge of that staff member's relationship with the owners of any of...

The Tribunal observed that the facts of this case were very clear from the testimony and record. The Tribunal further noted that the Applicant had admitted his wrongdoing during his interview by the investigator. Accordingly, the Tribunal found by clear and convincing evidence that the Applicant had committed fraud, a prohibited conduct.

Regarding misconduct, the Tribunal concluded that the Applicant committed fraud. Therefore, his actions amounted to serious misconduct.

On the due process prong, the Tribunal rejected the Applicant’s argument that his due process rights were violated because...

The UNAT held that the UNDT did not err in finding that the disciplinary measure imposed was lawful.

The UNAT rejected the former staff member’s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The UNAT held that this argument was not admissible, as it had already been presented before the UNDT.

In any event, the UNAT determined that the decision from DWB constituted a...