51ÁÔÆæ

The Tribunal found that the Applicant¡¯s appointment was lawfully terminated under staff regulation 9.3(a)(i) following the termination of MINUSMA¡¯s mandate. The Tribunal found that there is no basis for the Applicant¡¯s claim that the Administration unlawfully terminated his appointment early because of his health. The Tribunal found that the Applicant¡¯s reliance on ST/AI/2019 and ST/AI/1999/16 was misguided since his appointment was not terminated on health grounds.

The Applicant¡¯s request for RC to prepare questions for the ACABQ members to ask the USG/OSAA about the issues that the Senior Managers had been contesting in the office was a breach of staff regulation 1.2(i) which provides that ¡°[s]taff members shall exercise the utmost discretion with regard to all matters of official business. They shall not communicate to any Government, entity, person or any other source any information known to them by reason of their official position that they know or ought to have known has not been made public, except as appropriate in the normal course of their...

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 found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the UNAT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...

The UNAT held that the UNDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The UNAT also determined that the UNDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the UNAT emphasized that the UNDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

The Application was granted in part.

The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year¡¯s net base salary.

In all other respects, the Respondent¡¯s decision is AFFIRMED and the Applicant¡¯s prayers refused.

The UNAT held that the UNDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The UNAT also determined that the UNDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the UNAT emphasized that the UNDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

The Tribunal decided to dismiss the application.

In the light of the facts established and the finding of misconduct, the three allegations mentioned in the sanctioning letter, relating to ¡®sexual molestation¡¯, constitute ¡®serious misconduct¡¯ under the terms of paragraph (b) of Staff Regulation 10.1. In addition, under paragraph (a) of Rule 10.2 of the Staff Rules, on the basis of which the sanction was imposed, dismissal is a possibility.

Dismissal is one of the most severe sanctions that can be imposed in an administrative or employment matter. However, a more lenient sanction would leave open...

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 Tribunal held:

1. The Applicant repeatedly engaged in attempts of corruption by requesting money from at least six refugees in exchange for promising UNHCR services that should have been provided without charge. As a consequence, the decision to dismiss the Applicant was lawful.

2. The facts which the Applicant was accused of were proved in a consistent and unequivocal manner, and the Respondent fulfilled his burden to prove that the Applicant took bribes from some refuges, or at least that she asked for them.

3. The disciplinary measure was not based solely on anonymous statements...