UNAT Held or UNDT Pronouncements
The disciplinary decision was based on two allegations: first, that the staff member committed a physical assault during a domestic dispute; and second, that the staff member failed to immediately report an arrest and criminal proceedings to the Secretary?General, contrary to staff rule 1.5(d). Regarding the assault allegation, the Tribunal found the evidence sufficient and compelling. It relied on contemporaneous police records, a judicial order of protection identifying the staff member as the aggressor, photographic evidence of injury, consistent sworn statements obtained during the investigation, and corroborating testimony from third parties who observed the victim’s immediate distress. By contrast, the staff member’s version of events was marked by material inconsistencies and was unsupported by external evidence. The Tribunal therefore rejected the claim of self?defence and concluded that a physical assault causing injury had been established. On the reporting obligation, the Tribunal reaffirmed that staff rule 1.5(d) imposes a strict and immediate duty to report an arrest or criminal proceedings, irrespective of whether the matter is private, later dismissed, or sealed. A delay of over one year in notifying the Organization constituted a clear breach. The Tribunal rejected arguments based on ignorance of the rule or reliance on private legal advice. The Tribunal determined that the established facts amounted to serious misconduct under staff regulations 1.2(a), (b), and (f), which require respect for human dignity, integrity, and conduct befitting the status of an international civil servant at all times. The sanction was proportionate and due process was fully respected.
Decision Contested or Judgment/Order Appealed
Legal Principle(s)
In reviewing disciplinary cases, the Tribunal is tasked to examine whether (i) the facts are established, (ii) those facts amount to misconduct, (iii) due process was respected, and (iv) the sanction is proportionate.
The Administration bears the burden of proof, and misconduct must be established by clear and convincing evidence, meaning the facts asserted are highly probable.
Staff rule 1.5(d) imposes an immediate duty to report arrest or criminal proceedings, irrespective of the private nature of the matter or legal advice received.