51ÁÔÆæ

The staff member¡¯s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the UNDT conclusion that the staff member¡¯s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): ¡°¡­ By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant¡¯s personal dignity but also adversely...

UNAT reversed the UNDT Judgment finding that the Contested Decision was never implemented. Noting that the issue of mootness was raised for the first time on appeal, UNAT explained (paras. 32-33): ¡°It is ordinarily impermissible to raise a new point on appeal that is not covered by the pleadings or was not canvassed in the evidence before the UNDT, unless the point is jurisdictional in nature. A question of jurisdiction may always be advanced on appeal for the first time. The reason for the jurisdictional exception is obvious. The principle of legality prohibits the UNDT from assuming a...

UNAT granted the appeal in part. UNAT held that UNDT erred by failing to implement its mandatory obligation to award an amount of compensation in lieu of rescission. UNAT held that there was no error in the UNDT¡¯s finding that the Appellant had not discharged his burden of proof that the contested decision caused a loss of income due to loss of career opportunity. UNAT held that the Appellant did not discharge his onus to show that UNDT erred as the first instance trier of fact with regard to the issue of moral damages, and therefore accepted the UNDT¡¯s findings on compensation for moral...

UNAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the UNSPC once they met the prerequisites for election, which they did. UNAT held that both staff members were duly elected members of the UNSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. UNAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...

UNAT considered an appeal by Mr Wu and a cross-appeal by the Secretary-General. UNAT held that the cross-appeal was receivable, despite it being a default judgment and the Secretary-General not having been allowed to participate in the proceedings or to file a reply. UNAT held that the application was not receivable ratione materiae on the basis that he had not made a timely request for management evaluation. UNAT held that therefore UNDT had no jurisdiction to address the merits of the claims in the application and those claims were not properly before UNAT for consideration. UNAT held that...

The Tribunal found a number of the Applicant's claims to not be receievable. The Tribunal found that the primary reason for the refusal of the Applicant's request to extend her time telecommuting was that the Applicant¡¯s role as a child protection officer needed presence on the ground and that telecommuting was not appropriate for the functions of her role. The Applicant did not have a medical exemption to telecommute. The record showed that the reason was true and that the Applicant was afforded the same discretion as other members of her team. The Tribunal therefore found no indication of...

Performance evaluation: The Tribunal must accord deference to the Administration¡¯s appraisal of the Applicant¡¯s performance, and considering that the Applicant mostly does not dispute the underlying facts of the finding of poor performance, the Tribunal finds that the finding of poor performance is supported by evidence. Performance standards: the record does not support the Applicant¡¯s claim that he was given ¡°too many tasks too fast¡± as the tasks assigned to him were consistent with his job responsibilities as HR Analyst. In addition, the record does not support his argument that the...

In Judgment No. UNDT/2022/028, the Tribunal rejected the application in Case No. UNDT/NY/2021/023, finding that the Applicant is ineligible for boarding allowance for his child. In this case, the Applicant essentially challenges the same decision to find him ineligible for boarding allowance for his child, the issue of which was already resolved in Judgment No. UNDT/2022/028. Therefore, under the doctrine of res judicata, the Tribunal rejects the present application.

In this case, the Administration initially decided that the Applicant was eligible for a prorated amount of lump-sum boarding allowance, but during the management evaluation process, the Administration found the previous decision erroneous and decided that the Applicant was in fact not entitled to any boarding allowance. Therefore, the decision subject to judicial review in this case is the Administration¡¯s decision to find him ineligible for any boarding allowance. It is clear that under staff regulation 3.2 and Appendix B to the Staff Regulations and Rules, eligible staff members are only...

The Tribunal is satisfied that the evidence supports the Hiring Manager¡¯s evaluation of the selected candidate¡¯s candidacy. Based on the evidence, the Tribunal finds that it was within the Respondent¡¯s discretion to select the successful candidate. Moreover, the Tribunal is not persuaded that the Applicant has shown that he had a significant chance of selection over the selected candidate, absent any of the procedural irregularities that he alleges.