51ÁÔÆæ

UNAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. UNAT held that because the factual basis for the JAB¡¯s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. UNAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...

UNAT held that the consideration of transferable skills as a criterion for future permanent appointment for staff members serving in a downsizing entity is a relevant factor and a legitimate consideration because the finite mandate of the International Criminal Court for the Former Yugoslavia (ICTY) meant that such staff members had no realistic career prospects in that entity. UNAT held that there was a rational basis for the denial of permanent appointments for the language staff (professional and general service) given the winding down of ICTY and the diminishing need for Bosnian, Croatian...

As a preliminary matter, UNAT declined the Appellants¡¯ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants¡¯ argument that UNAT had erred previously in establishing the criteria in permanent appointment conversion cases, UNAT noted that they were effectively requesting a revision of two previous UNAT judgments and held that they were time-barred from doing so. UNAT held that the criteria in permanent appointment conversion cases, as previously...

The UNDT judgment was appealed by the Secretary-General. UNAT held that UNDT did not exceed the scope of judicial review by reviewing the facts and concluding that there was sufficient evidence of inebriation but concluding there was a lower level of alcohol consumed based on the breathalyzer result. UNAT held that UNDT correctly balanced the competing considerations and concluded reasonably that the imposition of the sanction of separation from service with compensation in lieu of notice and termination indemnity was disproportionate to the misconduct. UNAT held that the fact that the...

UNAT held that UNDT did not err and that clear and convincing evidence established that the Appellant participated in an attempted taking of property belonging to the Organisation. UNAT held that UNDT did not err in concluding that the disciplinary sanction of dismissal from service was proportionate and lawful. On the Appellant¡¯s claim that the items were ¡°garbage¡±, UNAT held that this claim was entirely without merit as the evidence showed that the items included over USD 5,000 worth of material, including boxes of new floor tiles. On the Appellant¡¯s claim that UNDT failed to fully assess...

UNAT was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the UNAT Statute. UNAT held that, even if the SAB issuance was a decision, it was only advisory or recommendatory. UNAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer¡¯s representative and the original decision-maker. UNAT held that it was the Secretary-General of IMO, who was not neutral in the first instance process, who took the final decision. UNAT...

UNAT considered the Appellants¡¯ consolidated appeals against the rejection of their requests to be upgraded to a higher level. UNAT held that it was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the UNAT Statute. UNAT held that, even if the SAB issuance was a decision, it was nevertheless only advisory or recommendatory. UNAT noted that SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he was both the employer¡¯s representative and the original...

UNAT held that it was clear from the record that UNDT did not consider the whole of the evidence in arriving at its decisions and that its determination of the facts was unsustainable. UNAT held that UNDT based its finding of bias on selected extracts of a report from the Ethics Office which neither positively established bias nor explained how, if at all, the potential bias to which it referred was connected to the selection process. UNAT held that the need for factual determinations based on the whole of the relevant evidence required the case to be remanded to the UNDT for a rehearing de...

UNAT recalled its jurisprudence that where a response to a management evaluation request is not received, a staff member has 90 days from when the response is due to file an application to UNDT. If a response is received after the expiration of that 90-day time limit, the receipt of the response does not reset the clock for filing an application with UNDT. UNAT held that, since the MEU¡¯s response was received after the expiration of the 90-day period, it did not reset the clock for the staff member to file an application. UNAT held that UNDT therefore initially made no error of law in...

UNAT held that the staff member had not voluntarily absented himself from duty. Rather, he reported for duty throughout at the office he had been re-assigned to, his whereabouts were known to the Agency and he clearly did not intend to abandon his position. As to the staff member¡¯s refusal to report to his original position as instructed, UNAT held that his conduct might have been a performance or conduct issue open to censure or discipline. However, UNAT held that the Agency failed to determine if the conduct constituted insubordination and, if so, a proportional sanction. Instead, UNAT held...