51ÁÔÆæ

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. UNAT held that UNDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. UNAT held that the adverse effect on Mr Alobwede was not supported by evidence. UNAT held that the ICTR Registrar¡¯s decision was lawful, and UNDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. UNAT held that UNDT erred in the level of award. UNAT held that the Secretary...

UNAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and UNAT, therefore, upheld the findings of UNDT on this point. On compensation, UNAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. UNAT held that the Administration¡¯s offer of USD 1,000 was...

UNAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to UNDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, UNAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. UNAT agreed with the finding of UNDT that the established facts amounted to serious...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General¡¯s appeal was filed on time and was receivable. UNAT held that, since the parties agreed to and identified the facts in their Joint Statement, it was not open to UNDT to conduct its own evaluation and then to substitute its view for that of the parties. UNAT held that the misconduct was of a grave and serious nature and in those circumstances, the sanction of separation was reasonable and not disproportionate and/or arbitrary. UNAT held that UNDT erred when it reversed the Secretary-General¡¯s decision to...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred by considering as mitigating factors the recommendation of Mr Jaffa¡¯s immediate supervisors that his actions warranted a reprimand and the fact that Mr Jaffa continued to perform for two further years (with positive reviews). UNAT held that UNDT erred in not attaching sufficient importance to the fact that Mr Jaffa held a position of trust as a Finance Assistant. UNAT held that the Secretary-General had not overlooked relevant mitigating factors in imposing the sanction of separation from service. UNAT held that it...

UNAT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT set out the correct legal framework, but thereafter erroneously reviewed the evidence and interfered with the administrative discretion, since UNRWA had established the misconduct by clear and convincing evidence. UNAT held that UNRWA DT erred in law in its evaluation of the evidence and that UNRWA had established the existence of the facts warranting disciplinary sanction. UNAT held that the procedure and the subsequent decision were lawful and there was no basis to rescind the termination or to award any...

UNAT had before it three decisions of the Conciliation Committee: the first regarding the establishment of two inquiry panels, Panel One and Panel Two; the second in respect of the decision to place the Appellant on administrative leave with pay, and the third concerning the decision to separate her from service. As a preliminary matter, UNAT did not admit to the case file two motions submitted by the Appellant subsequent to the issuance of judgment No. 2015-UNAT-531, as UNAT held that the documents that she sought to adduce would not assist UNAT with its consideration on the merits. By way of...

UNAT considered both an appeal by Ms Flores requesting an increase in compensation and a cross-appeal by the Secretary-General. UNAT held that UNDT did not err in either determining that there were procedural violations that warranted rescission of the separation decision or in its determination that Ms Flores was not entitled to reinstatement (justifying a material award) as her contract was due to expire shortly after receipt of the dismissal letter. UNAT noted that Ms Flores was not informed prior to the interview what the allegations were. Noting that the records indicated that Ms Flores...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law in concluding that the imposed disciplinary sanction was disproportionate and consequently substituting it for a lesser one. UNAT held that serious misconduct was established and the disciplinary measure of separation from service without termination indemnity was proportionate. UNAT noted that the misconduct put public health at risk as the food was distributed with altered expiration dates to hide the fact of its expiration. UNAT held that the imposed sanction was neither absurd nor disproportionate and...

UNAT held that UNDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. UNAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. UNAT affirmed UNDT¡¯s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...