51ÁÔÆæ

A false allegation of sexual harassment against the Applicant and the sensitive information regarding V01¡¯s medical history in the present case constitute exceptional circumstances warranting anonymity.

The Administration erred in concluding that the Applicant making inappropriate comments between February and May 2018 constituted harassment of V01 and that the Applicant¡¯s handling of V01¡¯s complaint against Mr. N. constituted harassment and abuse of authority. The Applicant¡¯s due process rights were respected during the investigation and the disciplinary process.

Although not constitutive...

UNAT held that UNDT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.¡¯s complaint], had failed to consider whether the limits of the managerial discretion were respected. UNAT rejected the Secretary-General¡¯s argument that UNDT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General¡¯s sole and exclusive authority in disciplinary matters. UNAT observed that when UNDT rescinded the decision based on the investigatory Panel¡¯s report, it did not draw any...

The only issue on appeal is whether the UNDT judgment¡¯s orders on in-lieu compensation and compensation for moral harm are free of error. In the present case, the UNDT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the UNDT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

The UNDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the UNDT committed several errors of law, its main finding is not put into doubt by the Secretary-General¡¯s appeal. Therefore, in this respect, the Secretary-General¡¯s appeal cannot succeed. UNDT's finding that UN-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

The Tribunal found it most unlikely that¡ªin the hypothesis that the Applicant¡¯s fixed-term appointment had not already been terminated on 9 May 2018¡ªit would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant¡¯s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

UNAT preliminarily rejected the Appellant¡¯s request for an oral hearing via teleconference, noting that his brief of appeal was sufficient and did not require further clarification. UNAT held that the Appellant¡¯s contention that UNDT failed to consider his arguments regarding the former service on a ¡°specialist¡± post was without merit, noting that this issue was considered by UNDT. UNAT noted that neither UNDT nor UNAT has the authority to amend any regulation or rule of the Organisation, so as to apply the ¡°case by case¡± consideration to ¡°specialist¡± staff members during promotion sessions to...

In considering the appeal brought forth by the Appellant, UNAT preliminarily held that the UNRWA JAB erred in finding that the appeal was not receivable due to late filing; UNAT held that it was evident the JAB appeal was filed on time. With regard to the substance of the appeal, UNAT held that it was within UNRWA¡¯s power and discretion to refuse the Appellant¡¯s reinstatement since it had already filled his position. UNAT affirmed UNRWA¡¯s position that there was no error in refusing the Appellant¡¯s reinstatement and dismissed the appeal.

UNAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant¡¯s termination, UNAT held that the UNRWA JAB¡¯s decision was legal, rational, and procedurally proper. UNAT held that it was an exceptional case where the doctrine of proportionality should be invoked. UNAT held that the decision to terminate the Appellant¡¯s services was disproportionate, more drastic than necessary. UNAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

UNAT considered the Appellant¡¯s appeal and found that UNDT erred when it decided to give UNHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. UNAT noted that Article 10. 5(a) of the UNDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). UNAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

UNAT held that the Appellant failed to establish that the UNDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, UNAT held that it was new evidence, for which leave was required, in order to adduce it before UNAT. UNAT did not find any exceptional circumstances existed to require it to consider the new evidence. UNAT held that UNDT did not err in taking into consideration the conditions governing the Appellant¡¯s deputation in order to determine his...