51ÁÔÆæ

The UNAT found that Article 9(4) of the UNDT Statute regarding the nature of the judicial review that the UNDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The UNAT found that...

The UNAT noted that the Agency had removed the disputed Note from the staff member¡¯s Official Status File and provided him with his requested certificate of service and performance evaluations. The UNAT found that the appeal in the respective part had therefore become moot.

The UNAT held that even if the issue were not moot, it was not persuaded that the UNWRA DT had exercised its discretion injudiciously or otherwise erred. The UNAT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first UNRWA DT Judgment.

The UNAT found that the staff...

The UNAT held that the UNDT correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.

With respect to the compensation awarded, the UNAT affirmed the UNDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...

The UNAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The UNAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the UNAT found that her UN experience was used to disadvantage her. The UNAT also...

The UNAT noted that the UNDT¡¯s findings had been based on credible evidence when it determined that the staff member¡¯s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The UNAT was of the view that in light of the testimony of the staff member¡¯s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the UNDT to conclude that the Administration had failed to establish the medical...

The UNAT noted that the staff member¡¯s transfer request had been approved by the West Bank Field Office but the Jordan Field Office had subsequently informed that the request could not be accommodated due to a commitment to the roadmap on hiring daily-paid workers in fixed-term posts.

The UNAT held that the Commissioner-General had demonstrated the efforts made by both Field Offices to process the transfer request and the Agency¡¯s burden to show that the request had been given full and fair consideration was satisfied. The UNAT found that the staff member had not discharged the burden of...

Le Tribunal a estim¨¦ que l¡¯ABCC avait mis un temps d¨¦mesur¨¦ (pr¨¨s de cinq ans) ¨¤ traiter la demande d¡¯indemnisation de la requ¨¦rante suite au d¨¦c¨¨s de son mari.

L¡¯objectif m¨ºme de l¡¯indemnisation d¡¯un fonctionnaire pour un pr¨¦judice subi (ou de l¡¯indemnisation d¡¯un b¨¦n¨¦ficiaire pour le d¨¦c¨¨s d¡¯un proche) est d¡¯att¨¦nuer ses souffrances et de le placer dans la situation o¨´ il se serait trouv¨¦ si le pr¨¦judice n¡¯avait pas eu lieu. ? cet ¨¦gard, la question pertinente n¡¯est pas de savoir si la demande d¡¯indemnisation est accept¨¦e ou rejet¨¦e, mais si une d¨¦cision sur la question est prise en temps...

The Tribunal found that the Respondent was not able to demonstrate that the facts on which the disciplinary measure was based were established by clear and convincing evidence, as otherwise required by the Appeals Tribunal in its jurisprudence.

Having found that the facts on which the disciplinary measure was based had not been established by clear and convincing evidence, the Tribunal also found that there was no established misconduct by the Applicant.

Given the finding of absence of misconduct by the Applicant, the Tribunal also rescinded the sanction imposed on him.

Compensation in lieu is ¡°not related at all to the economic loss suffered¡± (see Nega 2023-UNAT-1393,para. 62) and there is no duty to mitigate loss as a precondition for receiving in lieu compensation (see Zachariah 2017-UNAT-764). It is, according to the Tribunal¡¯s Statute, an option that the Respondent can take instead of reinstating the Applicant in the service. Therefore, pecuniary loss or gain is not a relevant factor.

Consistent with the requirement to act fairly, justly and transparently, the Respondent bears the burden to show that the Applicant did not possess the core and functional...

The UNAT held that the UNDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The UNAT also determined that the UNDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the UNAT emphasized that the UNDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...