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The Application was granted in part.

The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year’s net base salary.

In all other respects, the Respondent’s decision is AFFIRMED and the Applicant’s prayers refused.

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 Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Conflict of interest: The Tribunal held that the fact that the Applicant sought to obtain a remunerated contract for his company to undertake the construction of stands rather than advise the organizers to seek an independent contractor demonstrated the existence of a real conflict of interest between his position as the CEO of a private company and his position as a staff member. Even though BINUB was...

UNDT held that the Applicant had no authority to demand a performance guarantee from an NGO Coordinator and that the Applicant’s intention was not to keep a performance guarantee, but rather to obtain a bribe from the NGO Coordinator. UNDT held that it was not convinced of the probative value of the alleged handwritten note which the Applicant claimed was evidence of his intention to request a performance guarantee. On the issue of the Applicant returning the alleged performance guarantee, UNDT held that the real intention of the Applicant and the Senior Programme Assistant was to avoid the...