51ÁÔÆæ

The UNAT noted that the staff member had filed his appeal of the UNRWA DT Judgment on his application for execution before the UNAT Judgment in the underlying case was issued and the Commissioner-General had an opportunity to address the UNAT Judgment before submitting the answer to the present appeal. The UNAT found that given these circumstances, it was in the interest of procedural fairness to allow the staff member to submit additional pleadings 20 days from the issuance of the Order and not exceeding five pages. The UNAT granted the motion for additional pleadings.

Le Tribunal administratif des Nations Unies a constat¨¦ que le fonctionnaire avait interjet¨¦ appel du jugement du Tribunal administratif des Nations Unies concernant sa demande d'ex¨¦cution avant que le jugement du Tribunal administratif des Nations Unies dans l'affaire sous-jacente ne soit rendu et que le Commissaire g¨¦n¨¦ral avait eu la possibilit¨¦ de r¨¦pondre au jugement du Tribunal administratif des Nations Unies avant de soumettre sa r¨¦ponse au pr¨¦sent recours. Le Tribunal administratif des Nations Unies a estim¨¦ que, compte tenu des circonstances, il ¨¦tait dans l'int¨¦r¨ºt de l'¨¦quit¨¦...

The UNAT found that the present motion was distinguishable from a typical motion for withdrawal of an appeal: the non-moving party objects to the withdrawal as a revised appeal would enable the Secretary-General to address arguments included in the answer and, second, the Secretary-General still deems it necessary to pursue an appeal. The UNAT held that its reiteration in a recent case that appeals on the merits and relief should be considered together had not been new and was an insufficient basis on which to request the filing of a revised appeal. The UNAT found, however, that when the UNDT...

The UNAT noted that the vacancy had been advertised for only ten days which violated the mandatory requirement of the UNRWA Personnel Directive, and this violation had been corrected by cancelling the recruitment process and constituting another one that met the requirement of the minimum posting period.

The UNAT held that the staff member had not identified the alleged defects of the impugned Judgment but rather had reargued his case and, therefore, had not discharged his burden of satisfying the Appeals Tribunal that the impugned Judgment had been in error.

The UNAT was of the view that, in...

L'UNAT a not¨¦ que, dans son calcul de la r¨¦duction de la prestation de retraite du b¨¦n¨¦ficiaire, la Caisse des pensions avait fix¨¦ le taux global d'ajustement au co?t de la vie applicable aux prestations, conform¨¦ment ¨¤ l'¨¦volution de l'indice des prix ¨¤ la consommation aux ?tats-Unis depuis la date du dernier ajustement, ¨¤ 6,4 %. L'UNAT a observ¨¦ que la Caisse avait ensuite r¨¦parti le taux d'ajustement global au prorata de la dur¨¦e pendant laquelle la prestation de retraite du b¨¦n¨¦ficiaire avait ¨¦t¨¦ vers¨¦e et avait d¨¦termin¨¦ que l'ajustement au titre de l'inflation qui lui ¨¦tait d? ¨¦tait de 7...

The UNAT held that the former staff member had a duty to promptly disclose to UNFPA that she was under investigation when she resigned from Oxfam¨Ca fact that it considered relevant to her suitability for the position. It noted that the application form included a specific question about whether she resigned while under investigation, indicating her awareness of the Organisation¡¯s core values. The UNAT also emphasized that her letter of appointment stated that she was responsible for providing any required information during both the application process and subsequent employment.

The UNAT...

The UNAT noted that the Agency had removed the disputed Note from the staff member¡¯s Official Status File and provided him with his requested certificate of service and performance evaluations. The UNAT found that the appeal in the respective part had therefore become moot.

The UNAT held that even if the issue were not moot, it was not persuaded that the UNWRA DT had exercised its discretion injudiciously or otherwise erred. The UNAT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first UNRWA DT Judgment.

The UNAT found that the staff...

The UNAT found that the staff member had filed his appeal more than a year after the issuance of the UNDT Judgment and even if he had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred and not receivable ratione temporis.

The UNAT nevertheless noted that the staff member¡¯s application filed with the UNDT was not receivable under the doctrine of res judicata because the UNAT had already affirmed in its earlier judgment a UNDT judgment deciding his challenge to the same administrative decision.

The UNAT found that the staff member sought to...

The UNAT noted that the vacancy had been advertised for only ten days which violated the mandatory requirement of the UNRWA Personnel Directive, and this violation had been corrected by cancelling the recruitment process and constituting another one that met the requirement of the minimum posting period.

The UNAT held that the staff member had not identified the alleged defects of the impugned Judgment but rather had reargued his case and, therefore, had not discharged his burden of satisfying the Appeals Tribunal that the impugned Judgment had been in error.

The UNAT was of the view that, in...

The UNAT noted that in its calculation of the reduction of the beneficiary¡¯s retirement benefit, the Pension Fund had determined the rate of the overall cost-of-living adjustment due to benefits in accordance with the movement in the US consumer price index since the date of the last adjustment to be 6.4 per cent. The UNAT observed that the Fund had then prorated the overall adjustment rate in proportion to the length of time the beneficiary¡¯s retirement benefit had been in payment and had determined that the inflationary adjustment due to him was 7/12 of 6.4 per cent, equal to 3.7 per cent...

The UNAT held that the UNDT did not err in concluding that it was established that the former staff member diverted funds contributed to the United Nations Staff Union to support UN Staff Day to the United Nations Athletic Club (UNAC). The UNAT affirmed that even if the former staff member did not obtain personal gain, she misused her office for the private gain of a third party, the UNAC, which constituted misconduct.

The UNAT held that irrespective of what the former staff member¡¯s work environment was like, it cannot justify misconduct.

The UNAT further held that any form of dishonest...

The UNAT rejected Mr. Salon¡¯s argument that the prior UNAT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The UNAT held that Mr. Salon was not seeking clarification of the UNAT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the UNAT Statute¡¯s provisions for an application for interpretation.

The UNAT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the UNAT Judgment was clear...

The UNAT held that the UNDT erred in suggesting that it was the former staff member¡¯s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The UNAT further held that the Administration¡¯s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration¡¯s prerogative to make regarding the judicial proceeding. The Administration...

The UNAT held that even though the Commissioner-General had mistakenly reimbursed the fine to Mr. El-Haj after the issuance of the UNRWA DT Judgment, since the fine was subsequently reimposed, the appeal was not moot.

The UNAT held that in order to find that a staff member¡¯s conduct was ¡°serious misconduct¡± so as to warrant a more serious sanction, the Commissioner-General had to provide reasons for this determination. In this case, the Commissioner-General provided no reasons, and the UNAT rejected the Commissioner-General¡¯s argument that reasons were not necessary because it was manifestly...

The UNAT held that the staff member knew all the relevant facts and was sufficiently made aware and properly notified of the contested decision by at least 18 May 2023 for the purpose of filing a timely request for management evaluation. However, the staff member did not file his request for management evaluation until 16 September 2023, which was beyond the 60 day time limit.

The UNAT observed that the subject line of the e-mail exchanges in August 2023 between the Administration and the staff member, were requests ¡°to clarify¡± the basis of an administrative decision that had been taken...

The UNAT held that the UNRWA DT did not err in finding that there was clear and convincing evidence to support that the applicant had engaged in abuse of authority by intimidating a staff member to file a false complaint of sexual harassment against another staff member. The UNRWA DT weighed the conflicting testimonies and assessed the credibility of the witnesses and found that she had a motive to solicit the false complaint.

The UNAT held that the UNRWA DT did not err in declining to review the other misconduct allegations against her, given that the abuse of authority allegation was the...

L'UNAT a estim¨¦ que le DT de l'UNRWA avait correctement ¨¦valu¨¦ l'application par l'Agence des exigences en mati¨¨re d'exp¨¦rience applicables aux requ¨¦rants. Plus pr¨¦cis¨¦ment, en ce qui concerne les enseignants contestant leur classement au grade 9, l'UNAT a souscrit ¨¤ l'examen par le DT de l'UNRWA de la description du poste de personnel r¨¦gional, qui exigeait cinq ans d'exp¨¦rience dans l'enseignement au grade 9 pour ¨ºtre class¨¦ au grade 10. Les requ¨¦rants class¨¦s au grade 9 ne remplissant pas cette condition, l'UNAT a estim¨¦ que le DT de l'UNRWA avait correctement conclu qu'ils ¨¦taient class¨¦s...

L'UNAT a not¨¦ que les conclusions du TDPI reposaient sur des preuves cr¨¦dibles lorsqu'il a d¨¦termin¨¦ que le fils de la fonctionnaire avait contract¨¦ la Covid-19, qu'il avait ¨¦t¨¦ trait¨¦ sous la supervision de son m¨¦decin traitant et que le paiement avait ¨¦t¨¦ effectu¨¦ sur la base des factures de ce dernier refl¨¦tant les soins qu'il avait prodigu¨¦s.

L'UNAT a estim¨¦ qu'¨¤ la lumi¨¨re des t¨¦moignages des t¨¦moins de la fonctionnaire, y compris elle-m¨ºme et le professionnel de sant¨¦ qui avait trait¨¦ son fils, le TDPI n'avait pas commis d'erreur en concluant que l'Administration n'avait pas ¨¦tabli la...

The UNAT noted that the UNDT¡¯s findings had been based on credible evidence when it determined that the staff member¡¯s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The UNAT was of the view that in light of the testimony of the staff member¡¯s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the UNDT to conclude that the Administration had failed to establish the medical...

The UNAT found that the UNRWA DT had correctly assessed the Agency¡¯s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the UNAT agreed with the UNRWA DT¡¯s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10.As the Appellants classified at Grade 9 did not meet this requirement, the UNAT held that the UNRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The UNAT further...