51ÁÔÆæ

The UNAT noted that the UNDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.

The UNAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the UNDP which was subject to any loss from undue reimbursements.

The UNAT found that the staff member¡¯s certification to Cigna of the correctness of the...

The UNAT held that the UNDT erroneously concluded that there was clear and convincing evidence of the former staff member¡¯s knowledge that he was in a prohibited family relationship with another staff member, Mr. S.R.B.

Moreover, the UNAT found that even if the information provided by the former staff member was false, he could not have intended to mislead the Organization by providing or omitting it. On the contrary, the evidence established that when he made his relevant applications, he did not know, and had no reason to know, that Mr. S.R.B. was employed by the United Nations. In...

The UNAT held that the UNDT erred in finding that ST/SGB/2003/13 imposes a requirement of ¡°undue advantage¡± for sexual exploitation to occur. The UNAT further found that the former staff member abused the position of vulnerability of V01 for sexual purposes (i.e., engaging in at least four acts of sexual intercourse), which constitutes sexual exploitation and abuse. The UNAT emphasized that the UNDT itself acknowledged that V01, allegedly a minor, was vulnerable and less powerful than the former staff member, and that his actions had a sexual connotation. Therefore, the UNAT held that the...

The UNAT held that the Administration did not act unreasonably or unlawfully in requiring the staff member to work from the office two days per week. It further held that relevant considerations, including the staff member¡¯s personal and medical circumstances, were taken into consideration, and irrelevant considerations were excluded. The UNAT also found that there was no obligation on the Administration to establish that the requested accommodations represented a disproportionate or undue burden on the workplace.

The UNAT also found no merit in the staff member¡¯s argument that the lack of...

The UNAT held that the UNDT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member¡¯s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General¡¯s submissions.

The UNAT also concluded that the UNDT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The UNAT observed that the former staff member himself identified this decision in both his UNDT application and his management evaluation...

The UNAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The UNAT agreed with the UNDT that the lawfulness of the...

The UNAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT appropriately considered the former staff member's admissions, as well as the video clip...

The UNAT held that the Administration provided a thorough and detailed analysis of the factors required to be considered in the disciplinary context. This included : the past practice of the Organization in comparable matters, the seriousness of the misconduct; whether the conduct was accidental, careless, reckless, or deliberate; whether the staff member followed procedures and was self-aware of the conduct; whether, given the staff member¡¯s experience, the misconduct was minor, substantive, or severe; the risk of damage to the Organization and staff; as well as any mitigating factors.

The...

The UNAT held that the staff member¡¯s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the UNAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the UNAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The UNAT further held that the staff member¡¯s arguments were irrelevant and reiterated those he previously advanced before the UNAT.

The UNAT dismissed the application for revision.

Accountability Referral: The UNAT noted...

The UNAT held that Mr. Kankwenda, a late participant in the UNJSPF, married another individual, Ms. M.T., in the Democratic Republic of Congo (DRC) in 1971. This fact, which Ms. Isasi herself did not contest, was supported by a marriage certificate and was consistent with the information regarding the dates of birth of Mr. Kankwenda¡¯s children and the identities of their mothers. The UNAT highlighted that Ms. Isasi admitted that the two marriage certificates she submitted after Mr. Kankwenda¡¯s death, purportedly showing their marriage on 17 January 1971, were falsified, undermining her...