51ÁÔÆæ

UNAT held that since the Appellant¡¯s son has a disability, he was entitled to receive benefits only under the special education grant scheme ST/AI/2018/2 (Special education grant and related benefit for children with a disability) and not under the regular education grant scheme ST/AI/2018/1/Rev.1 (Education grant and related benefits). UNAT concluded that since the Appellant¡¯s son was not boarding during the academic year of 2019-2020 and continued to reside at the parental home, the Appellant was not eligible for any boarding allowance under ST/AI/2018/2.

Even if ST/AI/2018/1/Rev.1 was...

The Appeals Tribunal found that the UNDT erred in law by applying the improper legal framework, the relevant legal framework not being ST/SGB/2008/5, but the UNFPA Disciplinary Framework and the UNFPA Harassment Policy. The UNAT explained that UNFPA, being one of the separately administered funds of the Organization, has its own legal framework and is not regulated by the Secretariat¡¯s general administrative issuances such as ST/SGB/2008/5, unless otherwise stated or unless it has expressly accepted their applicability. The UNAT held that the UNDT erred when it found that Mr. Toson¡¯s request...

The UNAT held that the UNDT did not err in concluding that there was clear and convincing evidence that the Appellant physically assaulted another staff member and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate to the nature and gravity of the Appellant¡¯s misconduct. Importantly, the Appellant did not establish a degree of provocation that mitigated her retaliation which was also excessive and beyond the bounds of any permissible defense in the altercation.

The findings of the UNDT that the...

The UNAT held that the complaint of sexual harassment filed by the staff member against her former supervisors (FRO and SRO) led to investigations whose reports were the basis for disciplinary processes and sanctions against both persons, as well as an additional administrative measure against her former SRO. The Administration acted promptly, when unofficially informed of the wrongdoing, by placing the staff member on certified sick leave for approximately two months, before reassigning her at her request to a new workplace. The letter informing her of the action taken also contained the...

The UNAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.

The UNAT found that the UNDT did not commit any errors when it found that the staff member¡¯s application was irreceivable ratione materiae.

The UNAT noted that the UNDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when UNICEF accepted his resignation. His request for management...

The UNAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.

The UNAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal¡¯s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.

The UNAT noted that, given the delay in execution and in the...

UNAT held that the Administration¡¯s decision to suspend the consideration of initiating a disciplinary process and instead resume it should the Appellant become reemployed by the Organization in the future, did not constitute an appealable administrative decision for the purpose of Article 2(1)(a) of the UNDT Statute, as it did not produce a present and direct adverse impact on Ms. Mugo¡¯s terms or conditions of appointment.

UNAT held that all the Administration did was inquire if the Appellant was prepared to cooperate in a disciplinary process. Therefore, as no written allegations were ever...

The UNAT held that the OAI recommendation in its investigation report that disciplinary action should be taken against the staff member did not constitute an administrative decision. Moreover, the recommendation of OAI was not a ¡°decision¡±. It was an intermediate recommendation and thus did not have a direct, legal or adverse effect. The UNAT found that, likewise, the decision that there was insufficient evidence to charge the staff member with misconduct did not constitute an administrative decision because it did not have an adverse impact on his rights under the contract of employment. The...

UNAT held that the Appellant¡¯s consent to foregoing an in-person hearing was not required, pursuant to Rule 22 of the ICAO Appeals Board Rules and ICAO Staff Rule 111.1(18). The Appellant was advised by the ICAO Appeals Board of its intention to proceed with a summary decision and she participated in this process by making submissions without objecting to it. Therefore, it was not an error of law for the Appeals Board of ICAO to have considered and decided the summary judgment without an in-person hearing but otherwise in compliance with due process requirements of participation therein by...

The UNAT held that the staff member was responsible for having agreed that the UNDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the UNDT could nevertheless have held a hearing. The UNAT found that the UNDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The UNDT was entitled to conclude that this was an...