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Case No.: UNDT/NBI/2019/104 Order No.: 100 (NBI/2019) Page 3 of 10 briefing on Safe and Defensive driving.4 Since April 2017, the Applicant has not held a driving permit and he has not performed driving functions.5 8. (...) The Applicant acknowledges that since 2017 he has been aware of the decision not to reinstate his driving permit and has performed only non-driving functions. (...) Nor does he have a right to reinstatement of his driving permit. The Applicant violated the zero-tolerance policy against driving under the influence of alcohol and refused to take a breathalyzer.

UNOCI policy clearly states that driving under the influence of drugs or alcohol is punishable by immediate withdrawal of driving privileges at the roadside. (...) The relevant parts of the SOPs are reproduced below: “(ix) Impaired Driving. Impaired driving is driving under the influence of alcohol or drugs, or driving without proper control of the vehicle. Impaired driving is considered a serious offence in the mission and driving under the influence of alcohol and or drugs is not tolerated.

Stephen Lieberman, directed the removal of the Applicant’s hard drive from the FSU office. The Applicant contends that the hard drive was removed after working hours when no one was in the office. (...) UNDT/2011/018 Page 10 of 29 Respondent was aware that the FSU may have sensitive material stored on the hard drive. The sequestration of the Applicant’s hard drive 22. (...) Lieberman, on 10 April 2006, to sequester his hard drive. 23. This is the first reference to the icon in relation to the sequestration of the hard drive.

ST/AI/2010/6 (Road and driving safety) prohibits staff from driving under the influence. (...) Before, they were in a private school. 34. He has been driving since he was 18 years old and did not often drink and drive. (...) He knows the mission’s policy on drink driving. Every mission has the same policy, no drunk driving.

Turkey be demoted by one grade and his UNIFIL driving permit be withdrawn for one year. The UNDT further ordered that Mr. (...) Administrative Instruction ST/AI/2010/6 (Road and driving safety) contains express provisions against driving under the influence of alcohol. (...) Turkey did not claim that he was not unacquainted with those UNIFIL issuances against drunk driving and he conceded that he had seen posters at UNIFIL publicizing its zero-tolerance driving policies.

In November 2007, Lutta was involved in a traffic accident while driving an official United Nations vehicle in Abidjan, Côte d’Ivoire. (...) By a memorandum dated 29 November 2007, the Chief Transportation Officer informed Lutta of the suspension of his UNOCI Driving Permit and Privileges. By memorandum in January 2008, Lutta was informed that his UNOCI Driving Permit and Privileges were permanently withdrawn. 6. (...) The JDC concluded that there was not adequate evidence that Lutta had been driving under the influence of alcohol. Having so concluded, it could not find that Lutta had breached his duty to exercise reasonable care while driving a United Nations vehicle.

It was alleged that the Applicant was driving under the influence of alcohol at the time, which caused the said accident. (ii) The Applicant was subsequently charged with: (a) violating the applicable UNOCI (United Nations Operation in Cote d'Ivoire) driving rules, which strictly prohibit driving under the influence of alcohol or drugs; (b) failing to exercise reasonable car e when utilizing the property and assets of the Organization; and (c) acting in a manner unbecoming of his status as an international civil servant in violation of Staff Regulations 1.2(t) and (q) and Staff Rule 101.2(b). (iii) The JDC Panel considering the Applicant’s case adopted its report on 19 June 2009 and made the following unanimous conclusions/ recommendation: (a) that there was no adequate evidence that the Applicant was driving under the influence of alcohol on the day of the accident; (b) that the Applicant had not breached his duty to exercise reasonable care while driving the UN vehicle; Case No.

On 2 June 2014, the Management Evaluation Unit (MEU) advised the Applicant that on 8 May 2014 it had been notified that the decision to suspend his driving privileges would be revoked, his driving privileges were fully reinstated and that he was now in possession of a valid DP. (...) Torres had suspended the driving licence because that was for the DMS and is not in the power of the HoO. 29. (...) The Administration cannot suspend his driving privileges for prolonged or frequent absences from work this reason.

The cases cited by the Respondent were entirely distinguishable as they involved inter alia driving United Nations vehicles, which the Applicant was not driving while drunk, which has not been proven in this case and driving with a Case No. (...) The examination form, known as the Impaired Driving Observation Report, was attached to the investigation report. (...) The Applicant points out there is no rule regarding the offence cited in the sanction letter namely, driving after having consumed alcohol. The Applicant does however, acknowledge that the MINUSMA Code of Conduct prohibits driving while intoxicated.

It is common cause that when the allegations of sexual misconduct first surfaced, a shared Google drive was set up on the instance of the Applicant. (...) Kemokai to grant him access before his interview leaves no doubt that the purpose of setting up the drive was to ensure that witnesses align their interview statements. 57. (...) Kemokai for access to the Google drive in order for them to view the files and information therein galvanises the above finding. 58.