51ÁÔÆæ

The UNAT considered an appeal by the staff member.

The UNAT found that because of a combination of the staff member¡¯s failure to recall the events in question and of the UNDT¡¯s decision (concurred in by the parties) not to hold an in-person hearing, the UNDT had appropriately referred to the investigation report.

The UNAT was of the view that the UNDT had correctly determined the staff member¡¯s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The UNAT held that the...

UNAT considered an appeal by Mr. Al Othman against UNRWA Judgment No. UNRWA/DT/2020/073. It also considered a cross-appeal by the Commissioner-General of UNRWA, to the extent that the Judgment awarded Mr. Al Othman compensation.

UNAT held that there was clear and convincing evidence established that Mr. Al Othman committed the alleged offences. The UNRWA DT conclusions were accurate, based on evidence on record and common knowledge and UNAT found no reason to differ from them. UNAT shared the UNRWA DT¡¯s view that the only reasonable conclusion available to the trial Judge, resulting from the...

With respect to the Secretary-General's appeal of the UNDT finding that misconduct under Count 2 was not established, the UNAT held that the UNDT did not err in fact, resulting in a manifestly unreasonable decision. Messages sent by the staff member to his neighbour were suggestions and statements to a person who was not a witness at the time. The staff member was not under and did not suspect he would likely be under an investigation at the time he sent the messages. The neighbour found them appropriate and did not feel ¡°influenced¡± by them.

The UNAT also denied the Secretary-General¡¯s...

The UNAT dismissed the appeal. The UNAT held that the UNDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The UNAT agreed with the finding of the UNDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The UNAT further found that given the nature and the specific facts surrounding Mr. Reiterer¡¯s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...

The UNAT held that the UNDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The UNAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The UNAT found that the staff member¡¯s due...

The UNAT held that the staff member¡¯s argument that the UNDT applied the incorrect standard of proof is unsubstantiated, as the main facts of the case were undisputed by both parties. She had admitted having used UN Womens¡¯ UPS account to send two private shipments abroad, without mentioning any prior authorization. The aggravating and mitigating elements reviewed by the UNDT were by nature peripheral to the sanction imposed. The UNAT found that even if it was not appropriate for the Administration to use a prior act of possible misconduct as an aggravating factor (as it was not previously...

The UNAT found no errors in the UNRWA DT Judgment and dismissed the appeal. The UNAT found that the UNRWA DT correctly held that Mr. Neekhra¡¯s due process rights were not violated by an undue delay in the investigation proceedings; that Mr. Neekhra¡¯s actions to copy-paste excerpts from internal/external sources without proper citation was a violation of the Agency¡¯s regulatory framework and constituted misconduct; and that the disciplinary measures of a written censure and deferment of eligibility for consideration for promotion were proportionate to the offense. The UNAT dismissed the...

The UNAT upheld the UNDT¡¯s conclusions that (1) four of the six incidents underlying the hostile work environment charge against the appellant were not established, but that two incidents were; and (2) appellant had unlawfully interfered with a recruitment exercise which also created a hostile work environment. The UNAT rejected appellant¡¯s contention that because the UNDT considered that certain actions were not harassment, that they could not constitute misconduct. Whereas certain comments by the appellant about the gender composition of the senior management team, or a failure by appellant...

The UNAT held that the Dispute Tribunal correctly reasoned that under the UNFPA Disciplinary Framework, the assessment of the facts of misconduct is not exclusive to OAIS, but that the Director of the Department of Human Resources (Director/DHR) must also analyze the evidence, and such analysis could lead DHR to a different conclusion than that of OAIS. Accordingly, in this case, the UNAT found that the UNFPA Administration had the authority or locus standi to proceed with a disciplinary process even in the absence of a finding of misconduct by OAIS. The UNAT further held that the UNFPA...

Ms. Specker appealed. The UNAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The UNAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...