51ÁÔÆæ

The UNAT disagreed with the UNDT¡¯s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior UNDT case concerning ABE. The UNAT considered it clear that the issues before the UNDT had previously been decided by the Dispute Tribunal. The issue of alleged negligence in making medical referrals was therefore res judicata and should not have been considered again by the UNDT in the case on appeal. The UNAT thus agreed with the conclusion of the UNDT that ABE¡¯s application was not receivable, but it came to this conclusion for different reasons.

The...

• The Respondent¡¯s motion for summary judgment was granted.
• The application was dismissed in its entirety as not receivable.

The UNAT held that the former staff member¡¯s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the UNAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...

The UNAT determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (UNFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing 51ÁÔÆæ a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to UNFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The UNAT held that the UNDT erred in finding that the former staff member¡¯s performance had not been fairly and objectively evaluated. It found that she knew that her telecommuting arrangement was temporary and nevertheless reported to her duty station in Fiji only months later. It emphasized that her delay in requesting the payment of a travel lump sum and in applying for a visa for her mother did not excuse her failure to report timeously. The UNAT confirmed that, in assessing her performance, the Administration was entitled to consider the extent of, reasons, and consequences of her...

The Tribunal found that Mr. Issa¡¯s application does not satisfy the stringent prerequisites for receivability under the UNAT Statute, namely, that the decisive fact he now relies upon, that all UNRWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.

The UNAT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with UNRWA¡¯s directives to advise the Agency of his...

The UNAT held that the UNRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The UNAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The UNAT held that the UNRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The UNAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The UNAT held that the UNDT did not err in concluding that the former staff member¡¯s application was not receivable ratione materiae because he did not attempt to resolve the dispute through the office of the United Nations Funds and Programmes Ombudsman, as explicitly required by the Settlement Agreement to which he had expressly agreed. The UNAT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the UNDT committed no error in holding the parties to its terms.

The UNAT further found that the UNDT did not err in determining that the...

The UNAT observed that there may have been some ambiguity in paragraph 104 of the UNAT Judgment for which the Secretary-General requested interpretation. The UNAT held that the appropriate interpretation was that when the UNDT renders its new decision on Article 10(5) and 10(6) of the UNDT Statute, then the non-prevailing party may appeal the new UNDT judgment in its entirety, including the UNDT¡¯s holding on the merits.

The UNAT found that the Secretary-General¡¯s application for interpretation is admissible and granted. It further noted that once the UNDT fully exercises its jurisdiction on...