51ÁÔÆæ

The Tribunal DECIDES that the Application is rejected.

The Tribunal held that:

a. The facts upon which the Applicant was reproached do not amount to misconduct;

b. it was not part of the Applicant¡¯s remit to verify where the staff members were located;

c. The issue regarding the Applicant¡¯s factual knowledge of where the other staff member resided during the period in question was based on conjecture;

d. The Respondent had not adduced any evidence to indicate that the Applicant always and effectively knew where the other staff member was residing in each moment, or had any knowledge of that staff member's relationship with the owners of any of...

The Tribunal observed that the facts of this case were very clear from the testimony and record. The Tribunal further noted that the Applicant had admitted his wrongdoing during his interview by the investigator. Accordingly, the Tribunal found by clear and convincing evidence that the Applicant had committed fraud, a prohibited conduct.

Regarding misconduct, the Tribunal concluded that the Applicant committed fraud. Therefore, his actions amounted to serious misconduct.

On the due process prong, the Tribunal rejected the Applicant¡¯s argument that his due process rights were violated because...

Regarding the decision to not convene a fact-finding panel, the Tribunal recalled its jurisprudence which indicates that a fact-finding investigation may only be undertaken if there are sufficient grounds to believe that a staff member had engaged in unsatisfactory conduct. In the instant case, the Tribunal, concluded that the Applicant had not provided sufficient grounds to support his claim.

In relation to the second contested decision, the Tribunal also referred to its settled jurisprudence which indicates that there is no right to FWA. The Tribunal, rather, observed that a denial of FWA...

The Tribunal found that in this case, the evidence adduced by the Respondent was neither clear nor convincing. Accordingly, the Tribunal held that the Respondent had failed to show that it was highly probable that the Applicant had committed the alleged misconduct and thus had failed to meet its burden of proof. Accordingly, the Tribunal decided to:

a. Rescind the decision to separate the Applicant from service;

b. Set the amount of compensation that the Respondent may elect to pay in lieu of implementing the rescission at two years net salary with interest at the US prime rate from...

The UNAT noted that before the applicant became a staff member, he had been employed by UNRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The UNAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The UNAT found that upon each expiry of the applicant¡¯s daily-paid service contract, it was successively renewed and he was bound by the Agency¡¯s regulations and...

The UNAT found that the UNRWA DT had erred in law when it found that the applicable legal framework allowed the interview panel to conduct technical assessments of the candidates. However, the UNAT held that the procedural irregularity of the panel having held a second round of interviews of a purely technical nature, would not suffice to grant the appeal because the outcome of the recruitment process would have been the same.

The UNAT held that the UNRWA DT had not erred with regards to the Agency¡¯s failure to correctly apply gender parity rules. The UNAT found that gender parity had not...

The Appeals Tribunal dismissed both appeals.

The Appeals Tribunal held that the UNDT correctly found that the Charge Letter did not constitute a reviewable administrative decision, and that as such Mr. Schifferling¡¯s application was not receivable ratione materiae.

The Appeals Tribunal further found that the question of whether the Dispute Tribunal erred in not joining the Secretariat as a necessary party to the application had become moot and that in any event, the interlocutory appeal was not receivable.

The UNAT held that the former staff member did not meet the burden of showing that the UNDT Judgment was defective, instead merely arguing that the decision was not fair. On the contrary, the UNAT found that in not renewing her fixed-term appointment, the Administration acted lawfully and fairly.

The UNAT emphasized that the Administration¡¯s decision was part of a genuine restructuring which involved, among other measures, reprioritizing existing resources through reassignment, redeployment, and reclassification of staff, including the redeployment of the former staff member¡¯s position from...

The decision to separate the Applicant from service was lawful. The Administration lawfully undertook the process of separation for abandonment of post under staff rule 9.6(b). The Tribunal found that given the context of the Applicant¡¯s prolonged unauthorized absences from work, together with her inaction and failure to respond to the Administration¡¯s various communications to her, including the request to provide the requisite proof that her absence was involuntary and was caused by forces beyond her control by 9 May 2023, the Administration reasonably determined that the Applicant did not...