UNAT Held or UNDT Pronouncements
The UNAT found that the UNDT relied very significantly on its assessment of the former staff member’s credibility in giving his oral evidence before it, disbelieving him strongly and almost entirely.However, it held that this was not balanced against any similar assessment of the complainants’ credibility, particularly where their accounts of the facts conflicted with those of the former staff member. The UNAT emphasized that there was no opportunity for the complainants to be questioned by either the former staff member’s counsel or the UNDT Judge, which was particularly significant given that the findings of the OIOS investigation report on the seriousness of the alleged misconduct differed significantly from the Administration’s view of the misconduct.In these circumstances, the UNAT concluded that it was not open to the UNDT to find that the Administration had discharged its onus of proving, clearly and convincingly, allegations of serious misconduct against the former staff member.It held that, by doing so, the UNDT committed an error of law significantly affecting the UNDT Judgment.
The UNAT granted the appeal, reversed Judgment No. UNDT/2025/055 and remanded the case to the UNDT for consideration by a different Judge.
Decision Contested or Judgment/Order Appealed
A former staff member of the United Nations Human Settlements Programme (UN-Habitat) contested the decision of the Administration to impose on him the disciplinary measure of separation from service with compensation in lieu of notice and without termination indemnity for harassment (contested decision).
In its Judgment No. UNDT/2025/055, the UNDT concluded that the contested decision was lawful and dismissed the former staff member’s application.
Former staff member appealed.