51ÁÔÆæ

The UNAT noted that the staff member had requested management evaluation 64 days after he was informed of the contested decision.

The UNAT found no merit in the staff member¡¯s arguments that the delay in requesting management evaluation had been minimal or that his permanent incapacity constituted a force majeure which the UNDT was obliged to consider.

The UNAT found no error in the UNDT finding the application not receivable ratione materiae.

The UNAT dismissed the appeal and affirmed the UNDT Judgment.

Concerning the receivability of Ms. Janakiram¡¯s request for review, the UNATheld that only the 7 October 2024 decision rejecting her claim constituted a reviewable decision, as it applied to her individually and directly affected her rights as a beneficiary. By contrast, it found that the Fund¡¯s 8 July 2010 letter was neither addressed to Ms. Janakiram nor concerned the same subject: it was addressed to the late participant and informed him that the Fund could not recognize his second marriage for the purpose of pension entitlements. The UNAT held that the letter therefore had no direct legal...

The UNAT held that entering the former staff member's name into the ClearCheck database was because of the Administration¡¯s final determination that he sexually abused and sexually harassed the Complainant, and as the entry precludes him from any future employment in the United Nations common system, it was effectively a disciplinary measure and should be reviewed as such.

The UNAT found that the Secretary-General¡¯s appeal regarding the engagement of a psychology expert in UNDT Order No. 053 was receivable. The UNAT found that the UNDT, by engaging an expert to ¡°analyze the facts¡± and ¡°ask...

The Appeals Tribunal found that the UNDT correctly concluded that the Administration¡¯s stated reason for the non-renewal was supported by the facts, i.e. the expiration of a grant that funded Mr. Musambai's appointment. Furthermore, the UNDT correctly held that, once the Administration substantiated the reason it gave for the exercise of its discretion, the burden shifted to Mr. Musambai to demonstrate that the decision was unreasonable, unfair, procedurally irregular, or tainted by improper motive.

Turning to Mr. Musambai¡¯s argument that other staff members continued receiving salaries...

The UNAT found that the UNDT committed an error of law by misapplying the jurisprudence on anonymization and, in particular, by failing to consider the nature of the matter before it and its impact on the former staff member, as well as by failing to distinguish between the different considerations applicable to the anonymization of the identity of perpetrators, as opposed to complainants or witnesses.

The UNAT observed that the former staff member was a complainant in respect of alleged sexual misconduct and, accordingly, the allegations raised by her were of a uniquely sensitive and...

The UNAT held that the UNDT committed no error in its conduct of the hearing.In this regard, the UNAT observed that UNICEF Uganda was requested to provide a suitable venue from which the UNDT Judge could conduct the hearing solely for connectivity reasons, and that the Secretary-General¡¯s counsel participated from the United Kingdom and was therefore, contrary to the former staff member¡¯s contention, not in proximity to the Judge.It further found that the fact that the Judge did not keep her camera on at all times during the hearing did not demonstrate that she was not appropriately...

The UNAT found that the UNDT did not err in finding that Ms. Johnson-Simmons¡¯s claim to compensation for unpaid taxes not receivable, as not only did Ms. Johnson-Simmons fail to identify the contested administrative decision regarding reimbursement for income tax payments, but she also admitted that she did not submit the matter for management evaluation, and there was no indication that she had paid any taxes.

The UNAT found that Ms. Johnson-Simmons knowingly and intentionally concealed relevant information about her changed residency status from the Organization, and she also willfully...

The UNAT noted that a part of the staff member¡¯s request for management evaluation appeared not to have been considered by the UNDT. The UNAT was of the view that the information in the MER standard form constituted a request for management evaluation of the contested decisions, including breach of an alleged promise to continue her employment by maintaining funding of her post for a particular period. The UNAT held that the staff member had raised sufficiently the issues of the lawfulness of the abolition of her post and the termination of her employment to have met the requirements of their...

The UNAT was satisfied that the UNDT had not erred in fact or in law in deciding that the staff member¡¯s conduct constituted serious misconduct.

The UNAT noted that the UNDT had considered the staff member¡¯s explanations for errors in submitting claims for the special education grant but had found against her based on its assessment of her lack of credibility. The UNAT found her speculation as to what evidence a potential witness may have established to be supposition. The UNAT stated that it had been right for the Administration not to pursue allegations that it considered could not be...

The UNAT noted that in his application, the staff member had clearly identified the contested decision as the Pension Fund¡¯s email which informed him that his pension benefits had already been paid and there were no further entitlements.

The UNAT noted that he had not requested a review of the decision or filed an appeal to the Standing Committee of the Pension Board but rather had filed a request for management evaluation and then appealed to the Dispute Tribunal. The UNAT held that, as such, he had not followed proper procedure under the rules of the Pension Fund.

The UNAT concluded that the...