51ÁÔÆæ

Mr. Farhadi appealed. UNAT dismissed the appeal. UNAT dismissed Mr. Farhadi's contention that the successful candidate had not been subject to the mandatory vetting procedure. The mere indication by the Hiring Manager of the fact that ¡°[b]oth candidates have worked with women and trade previously¡± under the rubric ¡°Reference check¡± was not sufficient to conclude that there were no actual reference checks. UNAT held that more importantly, reference checks normally take place only once the selection has been concluded, and in the present case, Mr. Farhadi was not selected. UNAT found that in...

In the current case, the Applicant only filed his request for management evaluation one calendar day before his application to the Dispute Tribunal and is yet to receive a response by management to his submission. Under staff rule 11.2(d), the Administration has 30 days to provide the management evaluation if the staff member is stationed in New York and 45 days if s/he is stationed outside New York. In the circumstances, the Applicant¡¯s application is premature and therefore not receivable.

UNAT dismissed the appeal. As a preliminary matter, UNAT denied AAB's request for an oral hearing on grounds that there was no need for further clarification since the factual and legal issues arising from the appeal had already been clearly defined by the parties, and an oral hearing would not assist in the expeditious and fair disposal of the case. UNAT dismissed AAB's claim that her right to a fair trial before the UNDT had been violated because, since the application was found not to be receivable, and she was denied the opportunity to file a rejoinder. UNAT noted that there is no...

UNAT rejected Mr. Valme¡¯s claim that the allegation of sexual exploitation and abuse had not been established against him, on grounds that any consideration about the complaint of sexual abuse was beyond the scope of the case, because his application concerned other prohibited conduct that came to light during the investigation. UNAT found no merit in Mr. Valme¡¯s contention that the UNDT failed to consider the totality of the evidence and referred to it in a selective way, thereby displaying bias. UNAT found that it was inherent to the principle of judicial persuasion that courts and...

Mr. Branglidor appealed. UNAT found that the totality of the evidence confirmed the UNDT¡¯s conclusion that Mr. Branglidor was well aware of the untruthfulness of the forms when he submitted the second claim for the regular disbursement of the education grant. UNAT was satisifed that the UNDT was correct when it held that the act of misconduct was committed with knowledge and intent. Even though the misconduct did not lead to any actual prejudice, since the Administration recovered the payment made in advance and did not pay any further education grant, Mr. Branglidor¡¯s endeavor could have...

UNAT held that UNDT did not err when it held that ST/AI/2017 was the governing legal framework applicable to the case. UNAT held that joint representation by UN-Women, where the Appellant currently served, and UNMIK, where the events in dispute occurred, was justified. UNAT held that the circumstances also justified the granting of an opportunity to supplement the initial reply (and a corresponding right to reply). UNAT held that, given that the Appellant had not contested the joint representation before UNDT at the time and having been afforded the opportunity to answer the supplementary...

Mr. Farhadi appealed. UNAT dismissed the appeal. UNAT dismissed Mr. Farhadi's request for compensation for the UNDT's delay in delivering its Judgment within a reasonable timeframe. UNAT noted that Article 9(1)(b) of the Appeals Tribunal Statute authorises the Appeals Tribunal only to award compensation for harm deriving from an administrative decision, not from a delay in the UNDT¡¯s proceedings. UNAT dismissed Mr. Farhadi's contention that the UNDT shifted the burden of proof. UNAT was satisfied that the UNDT had assessed all the elements of evidence in the record and correctly found that...

Mr. Abdalla filed an application for revision and interpretation of Judgment No. 2021-UNAT-1078, claiming that the filing of the Secretary-General¡¯s appeal had a suspensive effect on the ongoing proceedings in the UNDT, that therefore the extended time limit to file an application would not have elapsed, and thus his ultimate application should be received; and that once UNAT had dismissed the Secretary-General's appeal, it should have remanded the case for further adjudication. UNAT found that Mr. Abdalla had failed to point to any statement or consideration in the UNAT Judgment which would...

UNAT held that the UNDT Judgment was inconsistent in finding parts of the application irreceivable but not addressing what was to happen to the balance of the claim which was receivable. UNAT held that to the extent that the UNDT held that some of the Appellant¡¯s claims were not receivable as they were not filed within time after management evaluation, UNDT did not err in fact or law and UNAT upheld such conclusions. UNAT held that there were errors by UNDT in respect of which the appeal had to be allowed, which were: (1) the UNDT decision not to receive the application in respect of claims...

Ms. Pakkala filed an appeal. UNAT found that the decision to impose the administrative measures on Ms. Pakkala was a lawful and reasonable exercise of discretion.

The letter of the Director, DHR clearly set out the rationale for imposing the administrative measures, i.e. that the investigative process had surfaced a pattern of behavior exhibited by Ms. Pakkala over time which was cause for concern and justified the administrative measures. While the Director, DHR found the evidence of alleged harassment was not clear and convincing, in her opinion there were reasonable grounds to believe...