51ÁÔÆæ

UNAT agreed with UNDT and found that the evidence on the record supports the UNDT finding that the staff member¡¯s absence from 18 January 2017 to 26 July 2018 was unauthorized, as she did not provide a duly authorized medical certificate or other justification for her failure to report to work. UNAT also found that the refusal of the Medical Services Division (MSD) to certify the staff member¡¯s sick leave request after 18 January 2017 was reasonable and that the MSD was the competent technical body to evaluate medical certifications. UNAT further agreed with UNDT that the staff member had the...

UNAT held that UNDT did not err in assessing the evidence presented. UNAT held that UNDT was correct in its finding that i) it would seem that the Appellant¡¯s situation with his former FRO had actually been resolved since they no longer worked together; ii) the Appellant¡¯s eventual temporary reassignment would appear to have been a very reasonable further solution to bring him out of an office environment in which he obviously continued to feel uncomfortable, and iii) it would fall within the Administration¡¯s discretion whether to enact any of the three measures proposed by the Appellant. UNAT...

UNDT preliminarily held that only facts occurred from early 2005 to 7 November 2007 were to be taken into consideration with regard to the allegations of harassment leveled by the Applicant. Consequently, reported actions and decisions dating back to 2004, in particular the non-promotion of the Applicant in 2004, were excluded from the present Judgment. Regarding the remainder of the application, UNDT held that the Applicant failed to provide sufficient evidence to substantiate his allegations that he was subjected to harassment by the Organization and that the latter bore responsibility for...

Pursuant to section 3 of ST/AI/371, in determining if the preliminary investigation appears to indicate that the report of misconduct is well founded, the head of office or responsible officer is vested with a wide discretion. That discretion is to be exercised judiciously in the light of what the investigation has revealed. The discretion cannot and should not be used capriciously. It is incumbent on the person vested with that discretion to scrutinise the evidence carefully before deciding whether any act of misconduct as defined has been committed. A judicious exercise ofthe discretion...

The Respondent had sufficiently substantiated his allegations against the Applicant. It also found that due process had been afforded to the Applicant. Given the gravity of the allegations, the Tribunal decided that the decision to summarily dismiss the Applicant was proportionate to the nature of the charges.

The main legal issue in this case is whether there was a duly constituted contract between the parties. The Respondent made the bare assertion that the communication dated 21 September 2007 mistakenly referred to the cancellation of his appointment, whereas it was a withdrawal of the offer. Therefore, according to the Respondent no contract was created, the Applicant was not a staff member, and his application is not receivable. The Applicant submitted that there was a duly constituted contract between the parties. UNDT found that the offer of appointment accepted by the Applicant and the...

The Respondent rested his case on the evidence of a witness on whom anonymity was conferred during the investigation and who was not called at the hearing. From the statements made by the witness during the investigation the Tribunal found that his/her testimony was fraught with irregularities and inconsistencies and could not be acted upon. The Tribunal also found that failure to call the witness for cross examination was a breach of the due process requirement. The Tribunal also held that when anonymity is conferred on a witness during the investigation, the Tribunal is not bound by this and...

Outcome: The Applicant¡¯s claim relating to the non-renewal of contract was not receivable (time-barred) and his claim for reimbursement of salary was rejected for lack of evidence. The Respondent was ordered to remove the note from the Applicant¡¯s file and pay the Applicant six months¡¯ net base salary for the breach of due process rights and the effect of the note on his career.

The Tribunal finds no flaws in the procedure leading to the dismissal of the Applicant. It further finds, based on its assessment of the intern¡¯s credibility and on the evidence available, that the facts have been established. It also concludes that they qualify as misconduct, even though the Respondent erroneously relied on ST/SGB/2008/5; the latter was indeed issued on 11 February 2008 and was therefore not applicable at the time of the misconduct. Finally, the Tribunal, recalling the Secretary-General¡¯s discretion in disciplinary matters and considering the circumstances of the case, finds...

The Applicant contended that the Complainant¡¯s evidence contained numerous discrepancies and that the Complainant had exercised prevarication over her own statements and had displayed ambivalence over attempts to privately resolve the matter. The Applicant further contended that the finding of sexual harassment was based on the victim¡¯s own perception of the Applicant¡¯s actions. The Tribunal found that: based on the testimony and the entire file, the facts upon which the disciplinary measure was based were established; by any objective measure, the Applicant¡¯s conduct was prohibited by UNICEF...