UNDT/2023/035 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/035, Taklu-Nagga

UNAT Held or UNDT Pronouncements

The documents on record demonstrate, by clear and convincing evidence, that the Applicant had rented out his flat in Addis Ababa to two other staff members, based on a lease with an inflated rent (and without paying agent’s fees), and that the latter two used that lease to claim rental subsidy from UNHCR in an amount undue.

Decision Contested or Judgment Appealed

The Applicant challenged the Respondent’s decision to dismiss him from service of the Organization pursuant to staff rule 10.2(a)(ix). The disciplinary measure was imposed for three separate allegations of fraud and one allegation of corruption.

Legal Principle(s)

In reviewing a disciplinary measure, the Dispute Tribunal should determine: (a) whether the alleged facts have been established; (b) whether the established facts constitute misconduct; (c) whether the disciplinary measure is proportionate to the offence; and (d) whether due process was respected.

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

Taklu-Nagga

Entity

UNHCR

Case Number(s)

UNDT/NBI/2022/068

Tribunal

UNDT

Registry Location :

Nairobi