51ÁÔÆæ

The UNAT held that the UNDT correctly determined that the former staff member¡¯s claims for compensation under Appendix D based on UNAMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The UNAT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.

The UNAT further held that the UNDT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The UNAT found that both elements of the Appendix D claim were premature and should have been declared...

The UNAT held that the UNDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other UNHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The UNAT observed that the UNDT did not err in denying the staff member¡¯s request for an oral hearing as the case record was ¡°comprehensive¡± and there was ¡°no irreconcilable dispute of facts between the parties.¡±

The UNAT held that the staff member¡¯s placement on ALWP was justified, given that the staff member was provided with the names of the members of the fact-finding panel assigned to investigate her alleged misconduct, and that she was in a position to approve the consultancy contract of one of those members, which created a conflict of interest and a genuine risk of interference in the...