51ÁÔÆæ

The UNAT considered an appeal by Mr. Dorji.

The UNAT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal. As the UNDT correctly held, Mr. Dorji¡¯s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019. Mr. Dorji¡¯s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021.

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2021...

The Tribunal made the following observations: (a) staff rule 8.1(d) governs staff relations and specifically empowers polling officers to conduct elections of staff representatives based on applicable rules and regulations on staff elections, (b) staff rule 8.1(d) makes no reference whatsoever to any staff member¡¯s individual contractual right, and (c) if there was any dispute concerning staff rule 8.1(d) on secrecy and fairness of the vote, the provision does not regulate modalities for resolving that dispute.

Staff rule 8.1(d) and staff regulation 8.1(b) do not apply to any individual staff...

The record demonstrated that the Applicant refused to complete her supervisees¡¯ performance evaluation and delayed the contract extension process. The Applicant refused to perform key managerial functions.

While it may be true that she was not given an opportunity to explain her actions, the remedies under section 10.1 ST/AI/2010/5 are only aimed at rectifying performance short comings and are not punitive. It was therefore not necessary to conduct some form of investigation in which a staff member would be required to explain her actions.

While the Applicant had a duty and a right to...

While, arguably, changing the title of a position may carry the same effect as abolishing it, the two actions are not synonymous under the UNHCR legal framework. Since ¡°discontinuance/abolition of post¡± and ¡°change of position title¡± are separately provided for under the UNHCR New Resource Allocation Framework (UNHCR/AI/2019/7/Rev.1), it follows that they are independent of each other. Indeed, the above provision has explanatory language indicating that ¡°discontinuance of a post¡± is ¡°same as abolition of a post defined in the Staff Regulations and Rules of the United Nations¡±. No such...

On whether the facts were established by clear and convincing evidence, the Tribunal found that the Applicant engaged in acts affecting two staff members, namely V01 and V02. The Tribunal thus held that the facts on which the sanction was based were clearly established.

Regarding misconduct, the Tribunal concluded that the Applicant¡¯s conduct towards V01 and V02 was (i) unwelcome, (ii) of a sexual nature, and (iii) they might reasonably be expected or be perceived to cause offence or humiliation. Further, his conduct interfered with their work and/or created for them an intimidating, hostile...

In this case, the facts were established and there was clear and convincing evidence that the Applicant committed fraud on purpose.

The Applicant¡¯s conduct amounted to a breach of his basic obligations under staff regulations 1.2(b) and (g), staff rule 1.2(i), and the Strategic Framework for the Prevention of Fraud and Corruption.

The evidence is clear and convincing that the Applicant acted with knowledge and intent to mislead (and even with a possible personal economic interest).

Given the nature and gravity of the Applicant¡¯s misconduct, the sanction is not absurd, unreasonable, or...

The issue at stake in the case at hand is whether the Applicant has a legitimate interest in maintaining current legal proceedings.The evidence on record shows that the Respondent rescinded the contested decision on 23 March 2023. The Applicant acknowledged this in her rejoinder but considers that her grievances are not resolved because she ¡°also requested consideration for new assignments and a reissuance of the 3 August 2022 letter¡±.However, the 23 March 2023 letter, which clearly rescinded the contested decision, amounts to a reissuance of the 3 August 2022 letter. It follows that the...

The UNAT first addressed the staff member¡¯s request for an oral hearing. The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation. The UNAT rejected this argument, noting that the appeal was a review of the UNDT judgment based on the evidence presented to the UNDT, and the staff member had not applied to present new evidence. The UNAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration. The request for the oral hearing was denied. ...

The Appeals Tribunal¡¯s first finding is that the UNDT was correct in its holding that Section 17(d) of the Repatriation Policy is not in conflict with Staff Rule 3.19 (g) and, thus, the two sets of provisions fall to be read together coherently.

We also find correct the UNDT¡¯s reasoning that the application of Section 17(d) of the UNDP Repatriation Policy is not limited to UNDP staff members as it seeks to reconcile payments made to staff members within the United Nations system, irrespectively of the fact that the spouse is a UNDP staff member too or not, avoiding in any case to duplicate...