51ÁÔÆæ

The UNAT found that Ms. George submitted her request to revert to the US dollar track system on 4 August 2015 and the Administration rejected it on 10 November 2015.Despite that clear communication, the former staff member continued to exchange correspondence with the Administration seeking reconsideration of the decision for almost nine years.She waited until 9 April 2024 before submitting her request for review to the Standing Committee.As it was filed beyond the statutory time limit of ninety days of receipt of notification of the contested decision, the UNAT held that her request was...

As to the appeal of Order No. 46 (GVA/2025) dismissing Mr. Turcanu¡¯s motion seeking the suspension of the contested decision pending judicial review of his substantive application, the Appeals Tribunal recalled that pursuant to Article 10(2) of the UNDT Statute and Article 14 of the UNDT Rules, the UNDT may not suspend the implementation of a contested decision in cases of appointment, promotion or termination. It also recalled that a decision not to renew an appointment was a matter concerned with the ¡°appointment¡± of a staff member. The Appeals Tribunal concluded that under the terms of...

The UNAT held that the UNDT erred in finding that the established facts underlying the allegations did not amount to misconduct. It found that the former staff member's sustained participation in exchanges concerning the sharing of non-public information and his communications with M.R., an individual engaging publicly on matters pertaining to the Office of Investment Management (OIM), constituted unauthorized disclosure or, at minimum, participation in unauthorized sharing of non-public information.

The UNAT held that the UNDT erred in characterizing as too vague the allegation that the...

The Appeals Tribunal held that the UNDT correctly found that the decision to recover a portion of Mr. Kulga¡¯s Home Leave lump sum was lawful.

As to the costs awarded against Mr. Kulga, the Appeals Tribunal found that the UNDT erred in finding Mr. Kulga¡¯s application to be frivolous as it was not unreasonable for Mr. Kulga to consider that a further challenge to the UNDT could assist him, especially after his management evaluation challenge had been partially successful. In addition, the UNDT¡¯s finding that Mr. Kulga repeatedly lied to the Administration over six months in seeking to obtain...

The UNAT held that the UNDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the UNAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the UNAT further held that her ignorance or misunderstanding of the law...

The UNAT held that the UNRWA DT did not err in finding that the decision to close the investigation into the former staff member¡¯s complaint was lawful.It found that the account of the incident in which B allegedly rubbed against her presented an equivocal case of sexual harassment, and that it was therefore open to the investigator and to the decision-maker to conclude that the case was of insufficient strength to pursue against B.The UNAT further found that the two other incidents invoked by the former staff member ¨C B allegedly walking to her side in a corridor and offering her to drink...

The UNAT first clarified that the appeal was not directed against the second sanction, given the former staff member¡¯s failure to appeal that sanction in a timely manner, but rather concerned ensuring that his personal records with the United Nations were accurate.In this regard, the UNAT found that the Administration¡¯s reliance on the previous disciplinary findings and first sanctions in determining the second sanction was erroneous. It held that when the Administration considered and decided the second sanction, the former staff member¡¯s pending UNAT appeal regarding the first sanctions...

The UNAT held that the issues on appeal were whether the UNRWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...

The UNAT held that the issues on appeal were whether the UNDT erred in finding the application not receivable for failure to request management evaluation within the mandatory 60?day time limit, whether it erred in identifying the date of notification of the contested administrative decision, and whether any findings on mootness or alleged due process violations affected the outcome. It recalled that its role on appeal is limited to determining whether the UNDT committed an error of law, fact, or procedure resulting in an unreasonable decision.

The UNAT held that the UNDT correctly identified...

The UNAT found that the neutral first instance process established by the IMO, i.e., the SAB, was properly constituted and met the requirements of Article 2(10) of the UNAT Statute. The UNAT rejected the argument that the SAB lacked neutrality. The UNAT also found that the SAB produced a sufficient written record of its Decision.

The UNAT found that the SAB acted within the bounds of its jurisdiction and competence when it reviewed the decision of the Secretary-General on the recommendation of the ABCC. The SAB had close regard to the fact that the ABCC reached its determination on the medical...