51ÁÔÆæ

Having considered the case record, the Tribunal found that the Applicant did not contest the facts upon which the disciplinary measure was based. He did not contest either that his actions legally amounted to misconduct or that his due process rights were observed. Accordingly, the main issue in the present case was whether the disciplinary measure imposed was proportionate to the offense committed. However, as the proportionality of the sanction cannot be reviewed in isolation, the Tribunal deemed it appropriate to refer to the established facts and the misconduct as per the sanction letter.

The Appeals Tribunal found, in relation to the first application, that Ms. Said has produced no evidence of harm, much less of harm caused by an illegality, and therefore the request for damages was denied.

As to the second application, the Appeals Tribunal found that the investigation had been closed with no action taken, and no adverse material from that investigation had been placed in Ms. Said¡¯s Official Status File. In the absence of an appealable administrative deciison, the Appeals Tribunal was satisfied that the UNRWA DT was correct in finding that the second application was not...

The Appeals Tribunal found that Mr. Hampstead had not established that the UNDT made any errors under Article 2(1) of the Appeals Tribunal Statute.

The UNDT correctly took note of the documented performance shortcomings over three performance cycles as well as the fact that Mr. Hampstead¡¯s performance did not improve despite the remedial measures put in place, such as two PIPs, the adjustment of output timelines, and continuous feedback, performance discussions and training that Mr. Hampstead had received over the years.The UNDT also correctly held that the Administration had followed...

The UNAT held that the UNDT erroneously concluded that there was clear and convincing evidence of the former staff member¡¯s knowledge that he was in a prohibited family relationship with another staff member, Mr. S.R.B.

Moreover, the UNAT found that even if the information provided by the former staff member was false, he could not have intended to mislead the Organization by providing or omitting it. On the contrary, the evidence established that when he made his relevant applications, he did not know, and had no reason to know, that Mr. S.R.B. was employed by the United Nations. In...

The UNAT noted that the staff member¡¯s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the UNAT found that the UNDT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent¡¯s fees.

The UNAT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...

The UNAT held that, Mr. Lago¡¯s reliance on additional evidence without filing a motion, was inadmissible.

The UNAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored. Additionally, Mr. Lago¡¯s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision.

The UNAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...

The UNAT found that the UNDT had appropriately dismissed Ms. Yu¡¯s application as not receivable ratione temporis. The UNAT emphasized that because Ms. Yu¡¯s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the UNDT is located, and therefore, Ms. Yu missed the deadline by one day.

The UNAT rejected the new arguments and evidence related to the mediation process submitted to the UNAT for the first time. Even if these were considered, the UNAT concluded that the mediation did not pertain to the contested decision and therefore did not...

The UNAT held that the administrative decision concerning reimbursements to the staff member took effect in law on 7 May 2019, when he received the wire transfer from the Organization. The reasons for this reimbursement amount were discussed with him shortly before the wire transfer was made. Although explanations of the underlying calculations were repeated in subsequent email exchanges with the staff member, those repetitions were not additional or new administrative decisions that were open to challenge by the staff member, thereby resetting the statute of limitations.

The UNAT found that...

The UNAT specified that the sole issue was whether the applicant, a former staff member, had presented a new and decisive fact that was unknown to him and the Appeals Tribunal when the prior UNAT Judgment was decided, and that this fact would have materially impacted the outcome of that Judgment.

The UNAT reviewed the documents submitted by the former staff member and concluded that they were all known to him prior to the issuance of the UNAT Judgment. The former staff member essentially repeated or added to the same arguments he made in his original appeal, and the UNAT had already...

The UNAT held that the Administration provided a thorough and detailed analysis of the factors required to be considered in the disciplinary context. This included : the past practice of the Organization in comparable matters, the seriousness of the misconduct; whether the conduct was accidental, careless, reckless, or deliberate; whether the staff member followed procedures and was self-aware of the conduct; whether, given the staff member¡¯s experience, the misconduct was minor, substantive, or severe; the risk of damage to the Organization and staff; as well as any mitigating factors.

The...