51ÁÔÆæ

UNAT affirmed UNDT¡¯s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT¡¯s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

UNAT held, agreeing with UNDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. UNAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. UNAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

As a preliminary issue, Mr Chhikara brought a motion seeking leave to adduce additional evidence in the form of an affidavit setting out his credentials for the post and credentials of the selected candidate, claiming that he was not aware that this information was relevant at the time he made his initial submissions. UNAT refused this motion on the basis that no exceptional circumstances were demonstrated and that Mr Chhikara¡¯s explanation that he only realized the relevance of additional evidence after the UNDT decision did not escape the fact that it was known to him at the time. As another...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General¡¯s submissions were valid in most aspects. UNAT held that the award of 21 months¡¯ compensation was excessive as it was not reasonable to assume that Ms Belkhabbaz¡¯s fixed-term appointment would have been extended for longer than one year, finding that an award of 12 months¡¯ remuneration would be adequate compensation. UNAT held that UNDT exceeded its competence and erred in law by awarding pecuniary damages relating to Applicant¡¯s placement on sick leave with half pay. UNAT held that UNDT erred by awarding...

UNAT considered an appeal by the Commissioner-General. UNAT held that the Commissioner-General¡¯s appeal was not time-barred and was, therefore, receivable. UNAT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, UNAT held that UNRWA DT did not have jurisdiction to award compensation for loss of earnings. UNAT held that any financial loss appears to be generated as the main cause and directly by the Director of UNRWA Affairs, Lebanon¡¯s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the UNRWA DT and that...

UNRWA DT did not err in its determinations or award of moral damages, which was a reasonable amount in the circumstances. UNRWA DT did not err in deciding not to order any material damages. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT made several findings on the appeal. First, UNAT held that UNDT did not err when it did not hold a case management or substantive hearing on the issues. UNAT agreed that the first instance Judge is in the best position to decide what is appropriate for the fair and expeditious disposal of a case and to do justice to the parties. Second, UNAT agreed with the UNDT that the administrative action was not a disguised disciplinary sanction. UNAT also found that the USG had the authority to transfer the appellant to a different unit to address a political situation. However, UNAT disagreed with...

UNAT first noted that neither party disagreed with the UNDT Judgment that the contested decision was unlawful. Regarding the Secretary-General¡¯s appeal that an award in moral damages was not warranted, UNAT disagreed with the Administration and found that the UNDT was correct when it considered the medical certificate dated in March 2020, which gave a history of the staff member¡¯s health in 2015 (a year before the contested decision). UNAT found it credible that the staff member suffered from a pattern of harassment, which began before the time of the contested decision (June 2016). As such, a...

UNAT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. UNAT agreed with the UNDT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, UNAT disagreed with the staff member that the UNDT...

UNAT dismissed the Secretary-General¡¯s appeal and granted the staff member¡¯s cross-appeal, in part. UNAT found that the UNDT properly took into account several facts that were relevant in determining whether there had been sexual exploitation and abuse of vulnerability or trust. The Tribunal reasoned the burden on the Administration was to show on clear and convincing evidence that the staff member¡¯s conduct fell in one of the following five categories: (i) he abused a position of vulnerability for sexual purposes; (ii) he abused a position of differential power for sexual purposes; (iii) he...