51ÁÔÆæ

UNAT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. UNAT affirmed the UNRWA DT Judgment in part. It only vacated the referral of the former Commissioner-General for accountability, finding that it was not adequate to rely on hearsay to refer a former staff member, be it the former Commissioner-General or any other, to accountability. UNAT further held that there was no possibility of imposing a disciplinary measure on a former staff member, and as such any such referral would be ineffectual.

UNAT considered an appeal by Mr. Kennedy. UNAT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, UNAT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.

UNAT agreed with the UNRWA DT that the contested decision was a lawful exercise of discretion. Regarding the Appellant¡¯s claim that the process was tainted because of the lapse of time since the complained of behavior occurred (ten years) and because of the hearsay nature of the evidence, UNAT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the UNRWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the UNRWA DT¡¯s role to review...

UNAT considered an appeal by Ms. Modey-Ebi. UNAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. UNAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

UNAT granted the appeal by the Secretary-General and vacated the UNDT Judgment.

UNAT disagreed and distinguished the case at hand with the two cases cited by the UNDT. UNAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, UNAT concluded that the misconduct...

The staff member appealed to UNAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the UNICEF job. UNAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an ¡°official act¡± and as such carried with it ¡°the presumption of regularity¡±. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...

The P-11 clearly states that any misrepresentation or material omission made on a P-11 or other document requested by the Organization renders a staff member of the United Nations liable to termination or dismissal. The Applicant deliberately submitted a P-11 misrepresenting his educational background and submitted a certificate which he knew to be forged. Therefore, UNHCR decision to summarily dismiss the Applicant was well-founded.

When the Applicant filled his PT8 form, he claimed daily subsistence allowance (DSA) for the period he would spend in Geneva for training purposes when he was fully aware that he was proceeding there to meet with an NGO or to have consultations with colleagues at HQ. As the purpose of his travel had changed he used funds earmarked for training for a different purpose without obtaining prior written authorisation. There was a note on his PT8 form that during January, the Applicant was on leave but this was not sufficient to absolve him. He received DSA for the period he was away from the...