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UNDT was satisfied, based on the evidence, that the Applicant was prepared to use his power and influence to make life in the United Nations difficult for the Complainant if she pursued her complaint against him. UNDT held that this evidence satisfied the clear and convincing requirement. The evidence also showed that, during the investigation, the Applicant was afforded the due process rights he was entitled to. UNDT held that the disciplinary action of summary dismissal in this matter was justified and proportionate. UNDT dismissed the application.

Any changes to the Applicant’s functions were simply a result of a change in management style by which the new head of department put herself more in center of the Applicant office’s work. The Applicant’s responsibilities were accordingly more aligned with her P-5 level and her job description rather than undertaking tasks at the D-1 level.

The facts on which the disciplinary measure was based were established because the Applicant rendered himself publicly drunk over several hours, embroiled in a bar fight, was twice detained by the local police, went out to a bar after curfew drove a UN vehicle while he was legally drunk based on MINUSCA’s zero tolerance policy refused to stop and exit the UN vehicle when signaled by MINUSCA Security Officers, including his superior drove in a dangerous manner. The established facts legally amounted to misconduct because the Applicant’s actions, which included public drunkness, becoming...

The Tribunal found that there was a preponderance of the evidence that the Applicant created a hostile work environment and that she unlawfully interfered with recruitment process for P-2 TJO. The Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant’s actions, as established by the facts, were abuse of the Applicant’s authority as Director at the D-2 level and constitute misconduct under the above-mentioned legal framework. The Tribunal found that there was insufficient evidence to support the Administration’s finding that the Applicant...