Judgment No. 4351

• Organization: World Health Organization (WHO)
• Date: 07.12.2020
• Original: English
• Judges: Hansen, Barbagallo, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges her dismissal from service for misconduct.

Judgment keywords

Keywords

termination of employment; misconduct; complaint dismissed

Consideration 5

Extract:

The Tribunal finds the charge of misuse of her UNLP to be proven. The complainant herself admits that she regularly used her UNLP for personal travel. As noted by the Organization in its submissions before the Tribunal, “[b]y using her UNLP on a series of private trips, which constitutes an abuse of privileges conferred to WHO officials by the Organization’s Member States, the Complainant used for her personal benefit some of the advantages conferred by this travel document, hence committing misconduct. The use of the UNLP for private use erodes the respect for the UNLP, and in turn to the UN Convention on Privileges and Immunities, by governments, particularly if used to violate national laws.”

Keywords

un laissez-passer

Consideration 6

Extract:

That [the complainant] was a senior staff member who should have been setting a good example for others, can be considered an aggravating factor. The Tribunal finds that the disciplinary sanction imposed, was based on valid grounds and did not lack proportionality.

Keywords

proportionality