51ÁÔÆæ

UNAT considered the appeal by the UNRWA Commissioner-General. UNAT confirmed the findings and conclusions of the UNRWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member¡¯s complaints. UNAT held that UNRWA DT had thoroughly conducted the judicial review of the challenged administrative decision. UNAT held that UNRWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. UNAT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...

On the decision to postpone the separation on medical grounds, UNAT noted that a staff member had a right to be compensated for a service-incurred injury. UNAT found that UNRWA DT erred in law in determining the decision to postpone the Appellant¡¯s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), UNAT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, UNRWA DT...

UNAT held that the appeal was receivable as the Appellant had partially prevailed before UNDT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, UNAT held that there was no fault in the UNDT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. UNAT held that the Appellant did not demonstrate that the UNDT committed any error...

UNAT considered an appeal by the staff member and an appeal by the Secretary-General. UNAT upheld both UNDT¡¯s finding that the decision to close the investigation was improper as well as UNDT¡¯s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. UNAT, however, vacated UNDT¡¯s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. UNAT held that ¡°generally speaking, the testimony of an applicant alone without corroboration by...

UNAT considered an appeal by the Secretary-General which was limited to the UNDT¡¯s award of compensation in lieu of rescission, which he claimed was excessive. UNAT held that since the Secretary-General did not contest Ms Sarrouh¡¯s claim for compensation before UNDT, he could not raise the issue on appeal. UNAT held that UNDT¡¯s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. UNAT held that in the absence of any error of law or manifestly...

UNAT held, agreeing with UNDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. UNAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. UNAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

UNAT considered an appeal by the Secretary-General. UNAT held that although UNDT did not expressly rescind the impugned decision to withdraw the offer of appointment, the award of compensation in lieu of rescission could be read as an implied order of rescission. UNAT held that UNDT gave no reasoning for the calculation of compensation, nor did it specify what amount corresponded to in-lieu compensation and what amount as compensation for loss of opportunity. UNAT awarded three months¡¯ net base salary as compensation in lieu of rescission of the impugned decision to withdraw the offer of...

As a preliminary issue, Mr Chhikara brought a motion seeking leave to adduce additional evidence in the form of an affidavit setting out his credentials for the post and credentials of the selected candidate, claiming that he was not aware that this information was relevant at the time he made his initial submissions. UNAT refused this motion on the basis that no exceptional circumstances were demonstrated and that Mr Chhikara¡¯s explanation that he only realized the relevance of additional evidence after the UNDT decision did not escape the fact that it was known to him at the time. As another...

UNAT considered an appeal by the Secretary-General limited to contesting the award by UNDT of three months¡¯ net base salary as compensation for damage to Ms Haroun¡¯s career prospects. UNAT held that UNDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun¡¯s separation from service. UNAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

UNAT considered an application to UNAT contesting the Conciliation Committee¡¯s decision to recommend compensation of USD 35,000. UNAT dismissed the motion of Ms Cohen seeking reconsideration of a UNAT Order granting the ICJ Registrar additional time to file his answer. On Ms Cohen¡¯s application for permission to reply to the ICJ Registrar¡¯s answer on the grounds that neither the ICJ Registrar nor the Conciliation Committee addressed the testimony on record in their decisions, UNAT considered that exceptional circumstances existed and granted the motion. UNAT held that, absent a successful...