51ÁÔÆæ

UNAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, UNAT held that UNDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. UNAT held that UNDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, UNAT held that UNDT did...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General¡¯s appeal, UNAT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall¡¯s conduct into question. UNAT held that UNDT had erred in law and fact in determining otherwise. UNAT held that there was no basis in law or fact for the pronouncements made by UNDT in paragraphs 112-113 of its judgment. UNAT held that UNDT had applied an unduly restrictive...

The Secretary-General¡¯s appeal and Mr Cabrera¡¯s cross-appeal centred on the issue of whether placing a staff member on SLWFP violates their due process rights. UNAT noted that, in this case, UNDT created a new class of special leave, where the staff member was actually suspended with full pay. UNAT did not agree with the Secretary-General¡¯s contention that UNDT erred in concluding that the Office of Internal Oversight Services¡¯ investigation was not a preliminary investigation, as Mr Cabrera was put on leave using all the reasons under which he could be suspended. UNAT found that UNDT...

UNAT held that the Appellant¡¯s submissions were largely a reiteration of his arguments before UNDT. UNAT held that UNDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. UNAT held that UNDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. UNAT held that the UNDT¡¯s findings that the advice given to the Appellant regarding uncertified sick leave was correct. UNAT held that the Appellant¡¯s allegation that...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct to find that there was no breach of Mr Powell¡¯s due process rights at the preliminary investigation stage. UNAT held that UNDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. UNAT allowed the appeal, set aside the UNDT findings in paragraphs 86 and 106 of the...

As a preliminary issue, UNAT held that UNRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. UNAT held that another significant irregularity took place during the proceedings before UNRWA DT, in light of which UNAT was compelled to annul the judgment and remand the case for a de novo consideration by a different UNRWA DT Judge, namely that UNRWA DT committed an error in procedure when it denied the Appellant¡¯s request for a copy of the...

UNAT considered the Secretary-General¡¯s appeal. UNAT held that UNDT erred by concluding that ST/AI/2002/3 applied to UNICEF, as the UNICEF Handbook establishes the procedure that a staff member must follow should they wish to rebut the content of their performance report. UNAT noted that the principle articulated in Villamoran v. Secretary-General of the United Nations (2011-UNAT-160), which holds that administrative issuances have greater legal authority over manuals such as the UNICEF Handbook, only where there is a conflict between guidelines and manuals and a properly promulgated...

UNAT preliminarily dismissed the Appellant¡¯s Application for Confidentiality and then considered the merits of the Appeal, which contained three grounds. With respect to the first ground, UNAT held that UNDT did not err in concluding that due process was satisfied if the staff member could comment on anonymous witness statements providing evidence against him. UNAT noted that the reasons for withholding the identities of the victims and for not producing them at trial were contained in the OIOS Investigation Report that was sent to the Appellant, thus the conditions for the admissibility for...

UNAT considered an appeal by the Appellant of judgment No. UNRWA/DT/2015/003. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member¡¯s claim and rights, solving the previous irregularity. UNAT noted that the Appellant¡¯s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

UNAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and UNAT, therefore, upheld the findings of UNDT on this point. On compensation, UNAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. UNAT held that the Administration¡¯s offer of USD 1,000 was...