51ÁÔÆæ

UNAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure. UNAT held that the UNDT did not err in striking the evidence filed with the Appellant¡¯s closing submissions or in refusing to hear the Appellant¡¯s supervisors as witnesses. UNAT held that there was clear and convincing evidence that the Appellant used the UNHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

The UNAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked UN vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...

The UNAT found that the UNDT did not err in law or fact or exceed its jurisdiction and it dismissed the Secretary-General's appeal. The UNAT found that the Administration had been made aware of the disharmonious working conditions within the Regional Office for Europe and had failed to take timely action. By exposing Mr. Cahn to harmful working conditions for a considerable amount of time (several months), the Administration failed in its duty of care vis-¨¤-vis Mr. Cahn to timely implement preventive or interim measures and thus prevent any possible harm to his health, irrespective of whether...

The UNAT held that there was no merit to the staff member¡¯s motion to strike from the record the Secretary-General¡¯s response to a UNAT order requesting information. The UNAT found that the UNDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...

The Tribunal was satisfied that as Head of Entity, the Head of Mission/Force Commander had delegated authority to reassign a staff member within UNIFIL under staff regulation 1.2(c). The Tribunal further found that maintaining a harmonious work environment and the prevention of prohibited conduct was a valid operational reason for reassignment. The application was dismissed.

UNAT held that some of the UNDT¡¯s findings were speculative, disregarded the evidence and misapplied the applicable legal framework. In particular, UNAT held that the UNDT erred in finding that the staff member¡¯s conduct was not serious because it endured for a limited duration of time. He not only sexually harassed two women but sexually harassed those two women twice in quick succession. His cumulative behaviour exhibited a disposition, which in this instance caused the complainants significant discomfort and anxiety and impacted on their ongoing professional relationship with him.

UNA...

UNAT found that the UNDT correctly concluded that the contested decision not to initiate an investigation due to the resignation of her SRO was lawful as part of a reasonable exercise of discretion. Though the term ¡°preliminary assessment¡± in ST/SGB/2019/8 was not specifically used in the contested decision, it was clear that Ms. Fosse¡¯s complaint was preliminarily assessed before the decision was made that no investigation would be undertaken. While the previous Bulletin (ST/SGB/2008/5) may have been in force when she lodged her complaint and when it was the subject of a preliminary...

The UNAT dismissed the interlocutory appeal as not receivable on grounds that the UNDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The UNAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier UNAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The UNAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

UNAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. UNAT found that the UNDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. UNAT found no merit in Mr. Kilauri¡¯s contention that the UNDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Mr. Pierre filed an appeal. UNAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. UNAT was satisfied that the UNDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. UNAT also found that Mr. Pierre had not provided sufficient evidence that the...