51ÁÔÆæ

The UNAT noted that the UNDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.

The UNAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the UNDP which was subject to any loss from undue reimbursements.

The UNAT found that the staff member¡¯s certification to Cigna of the correctness of the...

Considering the circumstances, the most appropriate remedy would be to rescind the contested decision (in comparison, see the Appeals Tribunal in Lucchini 2021-UNAT-1121 and Rolli 2023-UNAT-1346).

It is standard practice and courtesy in the Organization that, albeit fixed-term appointments, per definition, do not carry any expectancy of renewal under staff rule 4.13(c), a staff member whose fixed-term appointment is not to be renewed is to receive a pre-notification concerning the non-extension, at least 30 days before its expiry. The Respondent has not argued or submitted any documentation...

The Applicant did not seek a waiver of suspension of the deadline facing her, nor did she meet the deadline. For this reason, the application is not receivable ratione temporis as it is time-barred.

The Tribunal recalled that receivability is a condition sine qua non for judicial review.

The Tribunal noted that by the time the Applicant filed his application, he had not been formally notified of the abolition of his post and the restructuring exercise was still ongoing. Up to the date of the judgment¡¯s issuance, the situation remained the same as showed by a November 2023 email from UNDP to the Applicant asking him to confirm his interest in the position of Programme Assistant at the G-5 level. So far, the Applicant is still serving at the G-6 level in UNDP Pakistan.

The Tribunal...

As a preliminary matter, the UNAT dismissed Mr. Qassem¡¯s request for an oral hearing. The UNAT found that the factual and legal issues arising from the appeal had been clearly defined by the parties and moreover, an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±.

The UNAT found that since Mr. Qassem¡¯s fixed-term appointment was extended beyond 31 March 2020, with no effect given to the initial administrative decision not to renew his employment beyond this date, the UNDT did not err in finding that the application was moot since the administrative decision...

The allegations that the Applicant improperly used his UNDP-issued laptop to access websites that contained pornography and other sexually explicit material and advertised escort services, has been established by clear and convincing evidence based on the investigations forensic report of his computer, the Applicant's partial admittance and several contradictions.There is also clear and convincing evidence that the Applicant engaged in three instances of unauthorised outside activities by being the Director and major shareholder of a company, and engaging in other business ventures in...

Mr. Bwalya appealed.

The UNAT found that Mr. Bwalya had not demonstrated that the UNDT erred in finding that it had been established by clear and convincing evidence that he had committed misconduct by instructing a UNDP staff member to forge a backdated Memorandum of Understanding between the Ethiopian Ministry of Agriculture and the private firm Digata and to make a misrepresentation in a second document, intentionally acting to avoid or deviate from UNDP¡¯s Financial Regulations, Rules and Procedures through the creation of these documents, and demonstrating favouritism in the award of a...

The Secretary-General appealed.

The UNAT found that the UNDT erred in law and fact and reached a manifestly unreasonable decision by concluding that Mr. Hossain had proved on a balance of probabilities that the administrative decision not to renew his fixed-term appointment had been motivated by improper motives and he had been discriminated against. The reasons proffered by the Administration for not renewing Mr. Hossain¡¯s fixed-term appointment, namely the abolition of his post in the context of a reorganization exercise, were valid reasons.

The UNAT further held that contrary to what Mr...

The UNAT reviewed the submission of the Secretary-General that Ms. Lekoetje had already repaid the amounts due to the Organization when she separated from service. The UNAT acknowledged that Ms. Lekoetje agreed with the Secretary-General¡¯s position, and confirmed that USD 20,987.91 had already been deducted from her final entitlements.

Accordingly, the UNAT accepted this position, and interpreted Judgment No. 2022-UNAT-1227 as requiring a payment by the Organization to Ms. Lekoetje of a sum equal to one year¡¯s net base salary, but without any further deductions.

The Tribunal must ensure that there is an administrative decision that is alleged to be in non-compliance with the staff member¡¯s terms of appointment or his or her contract of employment, as provided for in art. 2.1(a) of the Tribunal¡¯s Statute. Such decision must be unilaterally taken by the Administration, be directed to the staff member, and have direct legal consequences for the staff member.