51ÁÔÆæ

After requesting additional findings of fact from the UNDT, the UNAT reconsidered an appeal by the staff member following the prior remand.

The UNAT found that the UNDT¡¯s judgment had failed to make a single mention of the nature, content or purpose of the testimony adduced under oath before it but was based entirely on hearsay evidence drawn exclusively from the investigation report and other documents. The UNAT found problematic the fact that the UNDT made no pronouncement as to why it exclusively relied on hearsay evidence and gave no reason why the evidence was not given by the person...

The UNAT considered an appeal by the participant in the Fund.

The UNAT found that the facts suggest that the participant¡¯s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant¡¯s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

The...

The UNAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator. The UNAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans. The UNAT found that the Organization¡¯s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The UNAT also found that Mr. Guenfoudi¡¯s allegations that his...

The Tribunal, based on the evidence on the record, established that there was clear and convincing evidence that the Applicant was involved in the fraudulent scheme and in the attempt to interfere with the investigation into that scheme by inducing a witness to lie to investigators.

Regarding misconduct, the Tribunal concluded that it was clear that the established facts qualified as serious misconduct.

On the due process prong, the Tribunal concluded that the Applicant¡¯s due process rights were respected during the investigation and disciplinary process.

On whether the sanction was...

The UNAT considered an appeal by the staff member.

The UNAT found that the staff member had merely made unsubstantiated general claims about having the requisite skills and experience for his post to be retained.

The UNAT was of the view that, as the UNDT had correctly held, the staff member had failed to discharge the evidentiary burden to rebut the presumption of regularity that arose from the minimal showing of a rational basis for the decision.

The UNAT found that the record confirmed that there was a genuine restructuring that led to the retrenchment of 29 staff members.

The record...

The UNAT considered an appeal by the staff member.

The UNAT found that because of a combination of the staff member¡¯s failure to recall the events in question and of the UNDT¡¯s decision (concurred in by the parties) not to hold an in-person hearing, the UNDT had appropriately referred to the investigation report.

The UNAT was of the view that the UNDT had correctly determined the staff member¡¯s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The UNAT held that the...

The Tribunal, based on the evidence on the record established that the invoice and the medical report that the Applicant submitted to Cigna were not authentic. The Tribunal held that this was enough to substantiate the accusation that the Applicant used false documents to receive improper and undue economic benefits from Cigna. The Tribunal further concluded that no evidence was offered of the effectiveness of the medical treatment. The Tribunal, therefore, concluded that there was clear and convincing evidence that the Applicant engaged in misconduct through his submission of a fraudulent...

The UNAT considered an appeal by the Commissioner-General.

The UNAT found that the UNRWA DT erred in its determination.

The UNAT was of the view that in accordance with the Area Staff Rules, which provided for the application of the last published interest rate up to and including the month immediately preceding payment to the calculation of a staff member¡¯s Provident Fund benefits. Given that the staff member made his request on 23 December 2020, the applicable legal instrument in the present case was PFS/19/2020 issued on 12 December 2020, and not PFS/20/2020 issued on 13 January 2021 as...

Having received the notification of the disciplinary measure on 20 March 2023, the Applicant should have filed his application at the latest by 19 June 2023. The evidence on record shows, however, that the Applicant only filed his application on 21 June 2023.

In his submission dated 17 July 2023, the Applicant recognized his lateness and asked the Tribunal to exceptionally receive his application for several reasons. These reasons are not supported by evidence, and the Applicant did not explain how the alleged challenges impacted his ability to timely file his application.

While there are...

The application fails in its entirety.

The UNAT first dismissed as not receivable Mr. Loto¡¯s appeal of the UNDT¡¯s Order denying his motion to strike an audio-recording and certain pleadings submitted by the Secretary-General. The UNAT held that these matters could be addressed in Mr. Loto¡¯s appeal of the judgment on the merits of his application.

The UNAT was satisfied that the UNDT correctly admitted the audio-recording of the meeting between the alleged victim, Mr. Loto and others, as the recording assisted in resolving any evidential conflict about what transpired at this meeting, in which payment to the victim was discussed...

The motion is ill-founded and dismissed.

The UNAT held that the UNDT judgment was problematic because the UNDT's findings seemed to be based entirely on hearsay evidence, i.e., the findings in the OIOS investigation report. The UNAT observed that the UNDT judgment failed to explain the evidentiary basis of its conclusion that sexual harassment was highly probable, and made no explicit or precise findings in relation to the evidence given under oath at the hearing. The failure of the UNDT to make findings about the testimony it heard made the appeal well-nigh impossible. The UNAT noted that there was no transcript of the hearing, and...

The Tribunal found that the Applicant had not discharged the burden of proving improper motives or bias against the Respondent.

Of all the eight alleged acts/omissions on which the Applicant based the complaint that his "partially satisfactory" rating was motivated by bias and ill-motive were speculative and the impugned assessment was not tainted by bias or improper motives. The Tribunal concluded that the fact that the Talent Management Review Group did not afford the Applicant an opportunity to present his case could not, ground a finding of bias and improper motive.

The UNAT held that UNRWA DT exercised its discretion to proceed by summary judgment, without examining the merits of the case, lawfully and appropriately. It found that in this way, the UNRWA DT acted not only in accordance with the principles of judicial economy and efficiency, but also in the interest of expeditious disposal of the case.

The UNAT found that the Appellant received the contested administrative decision on 3 November 2009 and filed his application with the UNRWA DT on 12 August 2022. Therefore, it was obvious that he filed his application more than three years after his...

The application was dismissed.

The documents on file, and in particular the notice of dismissal, show that the Applicant was employed by a private company. Other than the Applicant¡¯s unsupported statement in his personal details form when filing his submissions that his Office of employment was ¡°ITC¡±, there is no evidence on record showing that he has any contractual relationship with the United Nations within the meaning of art. 3 of the Tribunal¡¯s Statute. As such, the Applicant has no locus standi before this Tribunal.

Moreover, while the Applicant is contesting a disciplinary measure, it was imposed neither by the...

The Tribunal noted that the evidence before it included two Microsoft Outlook notifications which established that the administrative decision was delivered to and read by the Applicant on 28 March 2023. The Tribunal further noted that the Applicant did not deny the authenticity of the Microsoft Outlook notifications.

The Tribunal thus held that that the Applicant should have filed his application no later than 26 June 2023 51ÁÔÆæ the 90-calendar day deadline. He filed his application on 28 June 2023, which was two days after the statutory deadline. Accordingly, the application was...

i. The Tribunal noted that based on the evidence on the record, the Applicant was never a staff member of ECA, DOS or any other entity of the United Nations. Accordingly, he had no locus standi before the Tribunal. The application was thus dismissed.

ii. The Tribunal also held that the application was barred by res judicata. It was recalled that the Tribunal had previously rejected an application by the Applicant contesting the same claims he raised in the present application. In Judgment No. UNDT/2022/078, the Tribunal had found that the Applicant was not a staff member and had no legal...

Having reviewed all the factors used in determining the appropriate sanction for the Applicant¡¯s misconduct, the Tribunal finds that the USG/DMSPC has provided sufficient reasoning in the contested decision and has established a rational connection or relationship between the evidence and the objective of the disciplinary action.