51ÁÔÆæ

The UNAT held that the staff member¡¯s application was not receivable, as his placement on the overtime Priority Two List, rather than the Priority One List, and the consequent non-assignment of overtime to him on 10 April 2023, did not violate any regulations, rules or administrative issuances. The UNAT found that the staff member had no contractual right, nor ¡°de facto entitlement¡± to perform overtime work or to select his own overtime schedule. On the contrary, it recalled that the allocation of overtime is discretionary with management. Furthermore, the UNAT observed that the...

The UNAT held that the UNDT properly exercised its discretion in excluding the former staff member¡¯s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the UNDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the UNAT concluded that the UNDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01¡¯s allegations, the UNAT found that the UNDT improperly explained away...

The UNAT held that the UNDT correctly found that the contested decision was lawful. It concluded that the preliminary assessment of the former staff member¡¯s complaint revealed no sufficient grounds to indicate that his FRO¡¯s alleged unsatisfactory conduct could amount to misconduct, and, as a result, there was no likelihood that an investigation would reveal sufficient evidence to further pursue the matter as a disciplinary case.

The UNAT also found that the UNDT correctly identified the decision subject to judicial review and properly considered and rejected, as a preliminary matter, Mr...

The UNAT held that the UNDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other UNHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The UNAT determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (UNFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing 51ÁÔÆæ a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to UNFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The UNAT held that the former staff member¡¯s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the UNAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...

The UNAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The UNAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The UNAT found that the remedies available under Article 10(5) of the UNRWA DT Statute allow the UNRWA DT to rescind the contested decision or order...

The UNAT held that the UNDT did not err in concluding that the former staff member¡¯s application was not receivable ratione materiae because he did not attempt to resolve the dispute through the office of the United Nations Funds and Programmes Ombudsman, as explicitly required by the Settlement Agreement to which he had expressly agreed. The UNAT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the UNDT committed no error in holding the parties to its terms.

The UNAT further found that the UNDT did not err in determining that the...

The UNAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were ¡°aberrant results¡± in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the UNAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The UNAT found that the suspension...

The UNAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The UNAT found that the UNDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The UNAT held that she had not met her burden of showing that the impugned Judgment was defective.

The UNAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...