51ÁÔÆæ

The Tribunal held:

a. Any postponement in issuing the Applicant's separation information to the Pension Fund could be justified only to a reasonable timeframe; the indefinite protraction of an investigation would violate a staff member¡¯s contractual rights to have his final entitlement paid and also the right to a timely definition of any eventual disciplinary process against him/her.

b. The prolonged duration of the investigation did not warrant the withholding of the Applicant's final payment and pension for such a long time, considering the ordinary function for the said entitlements in...

The Tribunal established that the Applicant was duly informed, before accepting the offer letter, of the mandatory nature of the condition of mobility in her proposed employment. However, even if mandatory mobility had not been so explicit in the pre-appointment documents, the regulatory framework stipulates at staff rule 4.1 that it is the letter of appointment (LOA) that contains expressly or by reference the terms and conditions of employment.

Therefore, when the Applicant signed her LOA on 3 October 2023, duly accepting all the terms and conditions of her employment, including the required...

The UNAT noted that before the applicant became a staff member, he had been employed by UNRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The UNAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The UNAT found that upon each expiry of the applicant¡¯s daily-paid service contract, it was successively renewed and he was bound by the Agency¡¯s regulations and...

The decision to separate the Applicant from service was lawful. The Administration lawfully undertook the process of separation for abandonment of post under staff rule 9.6(b). The Tribunal found that given the context of the Applicant¡¯s prolonged unauthorized absences from work, together with her inaction and failure to respond to the Administration¡¯s various communications to her, including the request to provide the requisite proof that her absence was involuntary and was caused by forces beyond her control by 9 May 2023, the Administration reasonably determined that the Applicant did not...

The Tribunal found that the Respondent had provided no rule or precedent based contextual explanation to support his position. The Tribunal, therefore, concluded that the Respondent had not provided any rational explanation for depriving the Applicant of the entitlements to increments afforded under GS Salary Scale 120b to those similarly circumstanced. Accordingly, the Tribunal:

a. Decided to rescind the contested decision;

b. Directed that the Applicant be recognised as having been in continuous service with the United Nations Secretariat from 3 May 1994 and, effective 22 February 2022, she...

The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.

In view of the foregoing, the Tribunal:

a. Granted the application and rescinded the contested decision;

b. Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and

c. Directed the Respondent to pay to the Applicant for the delayed payment of said compensation the...

The Tribunal found no merit in the application. In particular, the Tribunal found no grounds for the Applicants¡¯ claim that the contested decisions were unlawful or that they were subject to gender discrimination. The Tribunal found that neither Applicant qualified for sec. 6.3(a)(i) parental leave by operation of sec. 1.2 of ST/AI/2023/2, which set a cutoff date of 1 January 2023, nor did they qualify for the 10 weeks special leave under the transitional measures since they did not give birth and were not on maternity leave on 1 January 2023. The Tribunal found that since the Applicants did...

The Tribunal found that the application was not receivable in respect to the five contested decsions in the Applicant's application. The Tribunal found that, inter alia, the Applicant failed either to request management evaluation of a contested decision or because the Applicant¡¯s management evaluation was time barred. With respect to contested decision 5, the Tribunal found that the application was not receivable ratione materiae because the Applicant had failed to clearly identify a reviewable administrative decision.

The UNAT noted that the staff member¡¯s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the UNAT found that the UNDT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent¡¯s fees.

The UNAT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...

The Tribunal finds that by the Applicant¡¯s explicit and direct reference to her previous case from 2021, which the Administration decided with reference to staff rule 12.3(b), she also, at least implicitly, requested an exception to the staff rules under staff rule 12.3(b) in her 18 July 2022 request.

Had the Administration had any doubts regarding the extent of the Applicant¡¯s request, which was indeed phrased in a not very clear manner, it could simply have reached out to the Applicant, who, in her 18 July 2022 request, stated that she was available for providing further information if...