51ÁÔÆæ

The UNAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The UNAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the UNAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the UNDT did not err in not holding an oral hearing...

The UNAT held that the staff member¡¯s claims of fraudulent manipulation of his electronic leave records failed for want of proof.

The UNAT further held that the UNDT erred by leaving crucial factual issues unresolved, which made it impossible to determine the appeal fully. The UNAT found that the tables summarizing the staff member¡¯s sick leave records were not hearsay but qualified as business records entitled to a presumption of accuracy unless rebutted. However, the UNAT was not satisfied that these records were accurate and noted unresolved inconsistencies. Accordingly, the UNAT further...

The UNAT held that the appeal was timely, as Article 11(5) of the UNRWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.

On the merits, the UNAT found that the UNRWA DT correctly identified the Agency¡¯s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the UNAT...

The UNAT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the UNDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the UNDT Judgment in that same language. As he received the UNDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the UNAT held that it was filed timely.

Nevertheless, the UNAT found that the former staff member¡¯s application before the UNDT was not receivable ratione temporis. The UNAT observed that the former staff member...

The UNAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The UNAT also noted the medical evidence of signs of the participant¡¯s dementia.

The UNAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The UNAT held that the Fund had not erred when it found those forms...

The UNAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The UNAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the UNAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the UNDT did not err in not holding an oral hearing...

The UNAT held that the Inspector General¡¯s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The UNAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The UNAT held...

The UNAT held that the UNDT properly exercised its discretion in excluding the former staff member¡¯s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the UNDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the UNAT concluded that the UNDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01¡¯s allegations, the UNAT found that the UNDT improperly explained away...

The UNAT held that the UNDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The UNAT found that the UNDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The UNAT held that the UNDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other UNHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...