51ÁÔÆæ

The UNAT dismissed the appeal, without prejudice.

The UNAT noted that Mr. Radu¡¯s appeal concerned the administrative decision of 8 November 2021 in respect of his separation from service during certified sick leave.

The UNAT further noted that a separate appeal by Mr. Radu, first before the Appeals Board and now before the UNAT, concerned that same administrative decision of 8 November 2021 on its merits, i.e. the disciplinary measure of separation from service for the alleged misconduct (UNAT Case No. 2023-1804).

The UNAT found that the impugned Appeals Board Decision in this case was not...

The UNAT considered an appeal by the staff member.

The UNAT found that the UNDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member¡¯s separation. The UNAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The UNAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...

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...

UNAT agreed with the UNDT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, UNAT agreed that the application on this question was not receivable.

However, in regards to the finding that the Administration abused its authority in mishandling the Appellant¡¯s sexual harassment complaint, UNAT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the UNDT made no ruling on this...

The UNAT dismissed the appeal. The UNAT held that the UNDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The UNAT agreed with the finding of the UNDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The UNAT further found that given the nature and the specific facts surrounding Mr. Reiterer¡¯s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...

The UNAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked UN vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...

The UNAT held that there was no merit to the staff member¡¯s motion to strike from the record the Secretary-General¡¯s response to a UNAT order requesting information. The UNAT found that the UNDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...

The UNAT dismissed the interlocutory appeal as not receivable on grounds that the UNDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The UNAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier UNAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The UNAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

UNAT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. UNAT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when UNDT committed an error of law or fact. UNAT dismissed the appeal and upheld the UNDT judgment.

UNAT considered an appeal by the Secretary-General. Noting the absence of a written record, UNAT held that it could not confirm if the procedure under Article 17 (Oral Evidence) of the UNDT RoP was complied with, whether the witnesses made a declaration under Article 17(3) of the UNDT RoP before giving their statements, or whether the witnesses were cross-examined by the opposing party under Article 17(1) of the UNDT RoP. UNAT set aside the UNDT judgment and remanded the case to UNDT for a fresh hearing based on the pleadings already on record in a matter consistent with the UNAT judgment.