51ÁÔÆæ

UNAT preliminarily dismissed the Appellant¡¯s Application for Confidentiality and then considered the merits of the Appeal, which contained three grounds. With respect to the first ground, UNAT held that UNDT did not err in concluding that due process was satisfied if the staff member could comment on anonymous witness statements providing evidence against him. UNAT noted that the reasons for withholding the identities of the victims and for not producing them at trial were contained in the OIOS Investigation Report that was sent to the Appellant, thus the conditions for the admissibility for...

UNAT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. UNDT/2013/147. As a preliminary matter, UNAT denied the Appellant¡¯s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, UNAT found that UNDT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant¡¯s applications to suspend action. UNAT held that the appeals of these Orders were not...

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing. UNAT then considered the Appellant¡¯s claims that the facts were not established by clear and convincing evidence, that there were procedural flaws during the disciplinary proceedings, and that his separation from service was not warranted. UNAT held that clear and convincing evidence showed that the Appellant harassed all the alleged victims and abused his authority, in violation of WFP¡¯s Harassment Policy. UNAT also held that UNDT correctly found that the sanction of separation from service was proportionate...

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, UNAT found no merit in the Appellant¡¯s arguments. UNAT was not persuaded that the Appellant suffered prejudice by UNRWA DT admitting the Commissioner-General¡¯s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, UNAT found that UNRWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

UNAT considered an appeal of judgment No. UNDT/2013/145. On the issue of whether UNDT erred in law in not receiving the Appellant¡¯s application for revision of judgment, UNAT held that it did. UNAT noted that to import into Article 12(1) of the UNDT Statute the limitations presently advocated by UNDT, merely because of the inclusion of the word ¡°executable,¡± would be unduly restrictive and tantamount to a denial of an already narrowly construed remedy and unduly circumscribe the right of access of staff members to UNDT. With respect to the merits of the application for revision, UNAT held that...

UNAT considered the Secretary-General¡¯s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. UNAT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with UNDP to take up an appointment with a different entity (UNV), thereby causing a break in service. UNAT held that this break in service should have led UNDT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. UNAT further noted that Ms Carrabregu¡¯s service to UNV could not be...

UNAT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the UNDT judgment. UNAT held that UNDT correctly concluded that the termination of the Appellant¡¯s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. UNAT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to...

UNAT recalled that it has consistently held that Article 8(3) of the UNDT Statute must be read literally to prohibit UNDT from waiving the deadlines for seeking management evaluation and that UNDT has no jurisdiction or competence to waive such deadlines. UNAT held that ignorance of the law is no excuse and, while it was unfortUNATe that Mr. Nianda-Lusakueno relied on the informal review procedure, such reliance did not qualify as exceptional circumstances under ICAO Staff Rule 111. 1, paragraph 8. UNAT dismissed the appeal and affirmed the decision of the Secretary-General of ICAO.

UNAT considered an appeal limited to the Appellant¡¯s claim that UNDT erred in awarding costs against him. UNAT noted that the jurisdiction of a tribunal to award costs is narrowly restricted to instances where a party has manifestly abused the proceedings. UNAT found that UNDT gave no reasons for its determination that the Appellant had manifestly abused the proceedings, cited no evidence establishing that his application was frivolous or vexatious, or that he had deliberately delayed the proceedings, or had disobeyed an order of UNDT or had, in any other way, abused UNDT¡¯s proceedings. UNAT...

UNAT held that the Appellant did not succeed in establishing any error of fact or law that would warrant reversal of the UNDT judgment. UNAT held that UNDT correctly concluded that the non-selection of the Appellant was not vitiated by any improper motive. UNAT noted that, even if the alleged flaws were to be considered irregularities, they would not be important enough to render the proceedings null or to reflect a violation of rights and actual harm or discrimination suffered by the Appellant. UNAT held that no compensation should be awarded to the Appellant, as no illegality or breach of...