51ÁÔÆæ

UNAT held that UNDT did not err when it held that ST/AI/2017 was the governing legal framework applicable to the case. UNAT held that joint representation by UN-Women, where the Appellant currently served, and UNMIK, where the events in dispute occurred, was justified. UNAT held that the circumstances also justified the granting of an opportunity to supplement the initial reply (and a corresponding right to reply). UNAT held that, given that the Appellant had not contested the joint representation before UNDT at the time and having been afforded the opportunity to answer the supplementary...

UNAT disagreed. First, the Tribunal reasoned that the JAB did not engage in a critical analysis of the facts of the case and did not apply the law to the facts in order to ascertain whether the exercise of discretion was lawful. UNAT concluded that the JAB Decision was arbitrary and did not meet the minimum requirements of providing a reasoned analysis. Second, on the merits, UNAT found the Administration did not notify the staff member of his shortcomings in sufficient time. Neither did It provide the staff member with explicit measures against which his performance would be evaluated. Third...

Mr. Farhadi appealed. UNAT dismissed the appeal. UNAT dismissed Mr. Farhadi's request for compensation for the UNDT's delay in delivering its Judgment within a reasonable timeframe. UNAT noted that Article 9(1)(b) of the Appeals Tribunal Statute authorises the Appeals Tribunal only to award compensation for harm deriving from an administrative decision, not from a delay in the UNDT¡¯s proceedings. UNAT dismissed Mr. Farhadi's contention that the UNDT shifted the burden of proof. UNAT was satisfied that the UNDT had assessed all the elements of evidence in the record and correctly found that...

UNAT held that UNDT was correct when it found that the Appellant should not have been treated differently from other candidates without justification and that proceeding in the manner suggested by him would have breached the other shortlisted candidates¡¯ rights to fair and full consideration. UNAT held that the only logical conclusion to be drawn was that UNDT was correct in its finding that there was a regrettable error in the temporary job opening when it exempted the previously rostered candidates from any further assessment, and that this error was later rectified when all short-listed...

Mr. Abdalla filed an application for revision and interpretation of Judgment No. 2021-UNAT-1078, claiming that the filing of the Secretary-General¡¯s appeal had a suspensive effect on the ongoing proceedings in the UNDT, that therefore the extended time limit to file an application would not have elapsed, and thus his ultimate application should be received; and that once UNAT had dismissed the Secretary-General's appeal, it should have remanded the case for further adjudication. UNAT found that Mr. Abdalla had failed to point to any statement or consideration in the UNAT Judgment which would...

UNAT held that the UNDT Judgment was inconsistent in finding parts of the application irreceivable but not addressing what was to happen to the balance of the claim which was receivable. UNAT held that to the extent that the UNDT held that some of the Appellant¡¯s claims were not receivable as they were not filed within time after management evaluation, UNDT did not err in fact or law and UNAT upheld such conclusions. UNAT held that there were errors by UNDT in respect of which the appeal had to be allowed, which were: (1) the UNDT decision not to receive the application in respect of claims...

Ms. Pakkala filed an appeal. UNAT found that the decision to impose the administrative measures on Ms. Pakkala was a lawful and reasonable exercise of discretion.

The letter of the Director, DHR clearly set out the rationale for imposing the administrative measures, i.e. that the investigative process had surfaced a pattern of behavior exhibited by Ms. Pakkala over time which was cause for concern and justified the administrative measures. While the Director, DHR found the evidence of alleged harassment was not clear and convincing, in her opinion there were reasonable grounds to believe...

The only issue on appeal is whether the UNDT judgment¡¯s orders on in-lieu compensation and compensation for moral harm are free of error. In the present case, the UNDT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the UNDT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

The UNDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the UNDT committed several errors of law, its main finding is not put into doubt by the Secretary-General¡¯s appeal. Therefore, in this respect, the Secretary-General¡¯s appeal cannot succeed. UNDT's finding that UN-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

The essential question for determination on appeal is whether the UNDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...