51ÁÔÆæ

UNAT endorsed the UNDT¡¯s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative. UNAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

The UNAT held that because the possible error in the assessment of the facts by the UNDT had no bearing on the outcome of the case, the Secretary-General¡¯s cross-appeal could not be received.

The UNAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying ¡°no¡± to the question whether he had ¡°ever been indicted, fined or imprisoned for the violation of...

Where a staff member is challenging many different administrative decisions to be considered as a whole,with cumulative effect, there is no need to challenge them (by a management evaluation request and then application before the Tribunal) one by one.

The Applicant alleged that he was deprived of his core functions in 2018 and 2019, that is more than two years before the application. He only requested management evaluation in April 2021 against a 2018 decision, and not towards the subsequent administrative decisions.

Even if the Tribunal accepted that the last of the adverse decisions was...

The main issue presented in this appeal was whether the UNDT was correct to dismiss Mr. Shah¡¯s application as not receivable ratione materiae because he was not challenging a final administrative decision. The UNAT held that the UNDT correctly found that an interoffice memorandum that changed the reporting lines for all of the staff who worked on the India side of the United Nations Mission Military Observer Group in India and Pakistan (UNMOGIP) was not an appealable administrative decision because it did not deprive Mr. Shah of his work or affect his functions.

The UNAT also rejected Mr...

The UNAT denied the Appellant¡¯s request for an oral hearing. It held that, pursuant to Article 18 of the Appeals Tribunal Rules of Procedure, an oral hearing would not be of any assistance in this case as the issue for consideration was straightforward and not complex.

The UNAT found that the Appellant¡¯s attempt to broaden the scope of the issue for consideration was untenable. The UNAT concluded that it was clearly agreed at the case management discussion (CMD) that the issue for determination was the desired reclassification of Mr. Menon's post from the P-4 to the P-5 level and that the...

The UNAT considered an appeal by the staff member.

The UNAT found that because of a combination of the staff member¡¯s failure to recall the events in question and of the UNDT¡¯s decision (concurred in by the parties) not to hold an in-person hearing, the UNDT had appropriately referred to the investigation report.

The UNAT was of the view that the UNDT had correctly determined the staff member¡¯s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The UNAT held that the...

After requesting additional findings of fact from the UNDT, the UNAT reconsidered an appeal by the staff member following the prior remand.

The UNAT found that the UNDT¡¯s judgment had failed to make a single mention of the nature, content or purpose of the testimony adduced under oath before it but was based entirely on hearsay evidence drawn exclusively from the investigation report and other documents. The UNAT found problematic the fact that the UNDT made no pronouncement as to why it exclusively relied on hearsay evidence and gave no reason why the evidence was not given by the person...

The UNAT denied the Appellant¡¯s request for an oral hearing. It found that it would add nothing to his case presented in writing to hear from him in person and that an oral hearing would not assist in the expeditious and fair disposition of the case.

The UNAT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the UNDT but which it did not accept.

The UNAT found that the WSSCC structure was closed down on 31 December 2020 at the instigation of its donors and replaced by another organisation (the Sanitation and Hygiene Fund). It...

UNAT considered an appeal by Ms. Banaj against Judgment No. UNDT/2021/030.

UNAT held that a reallocation of duties pending the outcome of an investigation as occurred in Ms. Banaj¡¯s case is permissible as an interim measure in such circumstances, but not as the exercise of the general power of assignments available to the Secretary-General in Staff Regulation 1.2(c) [¡­] But, under Staff Rule 10.4 and the Framework relating to interim measures pending an investigation and disciplinary process, there is an alternative measure of reallocation of duties available in such cases where the...

The UNAT first dismissed Mr. Okwakol¡¯s appeal of the UNDT Order, finding that Mr. Okwakol¡¯s complaints about what the UNDT decided it would admit into evidence and what submissions it would consider in deciding his substantive case, were remediable as part of his appeal on the merits if they were wrongly decided.

The UNAT agreed that the UNDT was correct to admit the audio-recording made by the SEA victim because this evidentiary material was relied upon by the Administration in taking the decision to impose the disciplinary measure of separation from service. The audio-recording needed to...