51ÁÔÆæ

The UNAT dismissed the appeal. The UNAT found that AAL was given notice of the need for her to return to the duty station, as well as sufficient opportunity to apply for sick leave. However, she did not request such sick leave, nor did she return to work, leaving no option for the Administration other than to place her on SLWOP. She also failed to provide evidence that there were ¡°compelling personal circumstances¡± so as to engender a decision to allow her to continue to telecommute from outside her official duty station. The UNAT further found that the UNDT did not err in finding that AAL...

The UNAT dismissed the appeal. The UNAT held that the UNDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The UNAT agreed with the finding of the UNDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The UNAT further found that given the nature and the specific facts surrounding Mr. Reiterer¡¯s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...

The UNAT held that the UNDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The UNAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The UNAT found that the staff member¡¯s due...

The UNAT held that the staff member¡¯s argument that the UNDT applied the incorrect standard of proof is unsubstantiated, as the main facts of the case were undisputed by both parties. She had admitted having used UN Womens¡¯ UPS account to send two private shipments abroad, without mentioning any prior authorization. The aggravating and mitigating elements reviewed by the UNDT were by nature peripheral to the sanction imposed. The UNAT found that even if it was not appropriate for the Administration to use a prior act of possible misconduct as an aggravating factor (as it was not previously...

The Tribunal found that the contested decision was lawful. The Tribunal found that the Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant, as a senior manager, was conferred a duty of care to promote a ¡°harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct¡± as per ST/SGB/2008/5, which she failed to do. The Applicant¡¯s actions, as established by the facts, constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct.

The UNAT held that the UNDT correctly pointed out that the only remedy requested by the staff member in his application to the UNDT was the rescission of the administrative decision not to transfer him. Only now on appeal does the staff member raise other claims and additionally requests payment of all salaries and benefits from the date of termination to the date of the UNAT Judgment, including pension benefits and compensation for the material and moral harm inflicted on him, caused by harassment, mistreatment, and unlawful termination. His new requests on appeal cannot be accepted by the...

The UNAT affirmed the decision of the ITLOS JAB, holding that the ITLOS was not obliged to conclude the recruitment exercise once it had begun, and that it had the authority to cancel the process. The UNAT was concerned by the change to the recruitment procedure during the course of the contested recruitment, but could not discern how this affected Mr. Savadogo¡¯s candidacy. The UNAT agreed with the ITLOS JAB that Mr. Savadogo¡¯s allegations of bias against the Registrar in the recruitment were countered by the fact that the President of ITLOS made the significant decisions in the recruitment...

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 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...

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...

A a holder of an UN Volunteer offer of assignment, the Applicant may not file an application before the Tribunal, as he is neither a staff member or a former staff member of the United Nations, nor a person making claims in the name of an incapacitated or deceased staff member of the United Nations.

Secondly, there is no evidence that the Applicant submitted a timely management evaluation request.

As a result, the application is not receivable ratione personae and ratione materiae.

The Applicant claims that the preliminary assessment of her complaint was flawed, for not taking into consideration the totality of the evidence, and that OIAI was biased and applied an illusory standard to the level of gravity involved in the alleged harassment and abuse of authority.

However, notwithstanding the number of allegations made by the Applicant, the Tribunal notes that no evidence was provided to support a finding that the contested decision is illegal, unreasonable or improper, nor that the preliminary assessment was flawed.

On the contrary, it is clear that OIAI did in fact...

The Applicant failed to identify an administrative decision within the meaning of art 2.1(a) of the Tribunal¡¯s Statute. In the absence of an administrative decision, the Tribunal cannot assume jurisdiction over a matter.

The Applicant failed 51ÁÔÆæ staff rule 11.2(a), which makes management evaluation a pre-requisite for staff wishing to contest decisions excluded by staff rule 11.2(b). Since the Applicant did not submit his claim for negligence/gross negligence for management evaluation, the Tribunal could not entertain his application.

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...

Whether the application is receivable

Having reviewed the application in its entirety, the Tribunal notes that the Applicant identified the decision of 1 October 2021 as the final administrative decision, and that in his request for management evaluation he explicitly listed the decision of 1 October 2021 as the decision to be evaluated.

Noting the difference in the fundamental element of the decisions of 12 August 2021 and 1 October 2021, i.e., the amount of the overpayment to be recovered, the Tribunal cannot but conclude that the decision of 1 October 2021 constitutes a new administrative...

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 in view of the case record, the contested administrative decision was the decision not to reclassify the staff member¡¯s post, which was communicated to Appellant in a definitive and unambiguous response on 9 July 2019.

Subsequent letters to the Appellant were only reiterations of that decision. The UNRWA DT was correct to conclude that Appellant failed to submit a timely request for decision review as required prior to filing his application with the UNRWA DT, given that Mr. Abu Heija had not filed his request for decision review until more than a year after receiving the...