51ÁÔÆæ

The UNAT dismissed the appeal. The UNAT found that the UNDT erred in finding that the application was not receivable ratione personae and ratione materiae. The UNAT held that the refusal to investigate his complaint constituted an appealable administrative decision and the application was thus receivable ratione materiae. Furthermore, given that in this case the purported abuse was alleged to have been the improper rationale for the separation from service of Mr. Ross, as a former staff member, it was sufficiently connected to his employment to confer jurisdiction ratione personae. Turning...

The UNAT found no errors in the UNRWA DT Judgment and dismissed the appeal. The UNAT found that the UNRWA DT correctly held that Mr. Neekhra¡¯s due process rights were not violated by an undue delay in the investigation proceedings; that Mr. Neekhra¡¯s actions to copy-paste excerpts from internal/external sources without proper citation was a violation of the Agency¡¯s regulatory framework and constituted misconduct; and that the disciplinary measures of a written censure and deferment of eligibility for consideration for promotion were proportionate to the offense. The UNAT dismissed the...

The UNAT agreed with the UNDT that the Administration had shown that Mr. Mirella¡¯s candidature was given full and fair consideration which satisfies the presumption of regularity, and that Mr. Mirella has not proven through clear and convincing evidence that he was denied a fair chance. The UNAT reviewed Mr. Mirella¡¯s contention that the UNDT erred in finding that his exclusion from the shortlist was in compliance with Section 7.4 of ST/AI/2010/3 (Staff selection system). Specifically, the UNAT evaluated Mr. Mirella¡¯s argument that the Hiring Manager erroneously found that he did not meet the...

The UNAT upheld the UNDT¡¯s conclusions that (1) four of the six incidents underlying the hostile work environment charge against the appellant were not established, but that two incidents were; and (2) appellant had unlawfully interfered with a recruitment exercise which also created a hostile work environment. The UNAT rejected appellant¡¯s contention that because the UNDT considered that certain actions were not harassment, that they could not constitute misconduct. Whereas certain comments by the appellant about the gender composition of the senior management team, or a failure by appellant...

The UNAT held that the Dispute Tribunal correctly reasoned that under the UNFPA Disciplinary Framework, the assessment of the facts of misconduct is not exclusive to OAIS, but that the Director of the Department of Human Resources (Director/DHR) must also analyze the evidence, and such analysis could lead DHR to a different conclusion than that of OAIS. Accordingly, in this case, the UNAT found that the UNFPA Administration had the authority or locus standi to proceed with a disciplinary process even in the absence of a finding of misconduct by OAIS. The UNAT further held that the UNFPA...

UNAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure. UNAT held that the UNDT did not err in striking the evidence filed with the Appellant¡¯s closing submissions or in refusing to hear the Appellant¡¯s supervisors as witnesses. UNAT held that there was clear and convincing evidence that the Appellant used the UNHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

The UNAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked UN vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...

The UNAT found that the UNDT did not err in law or fact or exceed its jurisdiction and it dismissed the Secretary-General's appeal. The UNAT found that the Administration had been made aware of the disharmonious working conditions within the Regional Office for Europe and had failed to take timely action. By exposing Mr. Cahn to harmful working conditions for a considerable amount of time (several months), the Administration failed in its duty of care vis-¨¤-vis Mr. Cahn to timely implement preventive or interim measures and thus prevent any possible harm to his health, irrespective of whether...

The UNAT held that there was no merit to the staff member¡¯s motion to strike from the record the Secretary-General¡¯s response to a UNAT order requesting information. The UNAT found that the UNDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...

UNAT held that some of the UNDT¡¯s findings were speculative, disregarded the evidence and misapplied the applicable legal framework. In particular, UNAT held that the UNDT erred in finding that the staff member¡¯s conduct was not serious because it endured for a limited duration of time. He not only sexually harassed two women but sexually harassed those two women twice in quick succession. His cumulative behaviour exhibited a disposition, which in this instance caused the complainants significant discomfort and anxiety and impacted on their ongoing professional relationship with him.

UNA...