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The UNAT first clarified that the appeal was not directed against the second sanction, given the former staff member¡¯s failure to appeal that sanction in a timely manner, but rather concerned ensuring that his personal records with the ºÚÁÏרÇø were accurate.In this regard, the UNAT found that the Administration¡¯s reliance on the previous disciplinary findings and first sanctions in determining the second sanction was erroneous. It held that when the Administration considered and decided the second sanction, the former staff member¡¯s pending UNAT appeal regarding the first sanctions...

The UNAT found that Mr. Flekal, by consenting to the referral of the harassment claim on 3 March 2024, for managerial action, had essentially waived the right to pursue a remedy before the Tribunals for the lack of an investigation into his complaints of harassment, including bullying. The UNAT noted that under the relevant technical instruction of the Department of Internal Oversight Services, bullying is not a separate category of misconduct, it is considered a kind of harassment.

The UNAT noted that Mr. Flekal had also waived his ¡°abuse of power¡± claim because it was not pled in his...

The UNAT held that the UNDT erred in finding that the established facts underlying the allegations did not amount to misconduct. It found that the former staff member's sustained participation in exchanges concerning the sharing of non-public information and his communications with M.R., an individual engaging publicly on matters pertaining to the Office of Investment Management (OIM), constituted unauthorized disclosure or, at minimum, participation in unauthorized sharing of non-public information.

The UNAT held that the UNDT erred in characterizing as too vague the allegation that the...

The UNAT held that the issues on appeal were whether the UNRWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...

The UNAT held that the former staff member committed sexual harassment towards the Complainant by: i) entering her accommodation without invitation, hugging, kissing, and licking her forehead without her consent, reclining her on her bed to lie next to him, and refusing to leave when asked; and ii) telling her the following day that she had been unable to sleep because she had been thinking of him.

The UNAT found that the UNDT had provided a clear and reasoned analysis of the witnesses¡¯ credibility.It concluded that the UNDT¡¯s determination that certain discrepancies in the Complainant¡¯s...

The Victim clearly had a motive not to tell the truth before the Tribunal. And she had an interest in the outcome of this case since continued payments fromthe Applicant depended on his continued employment with the ºÚÁÏרÇø in Congo. She even agreed that she was concerned about how she would survivewithout financial support from the Applicant. For all these reasons, the Tribunal did not find her testimony in court to be credible and relied instead on the statements she made before the Applicant¡¯s payments. A similar analysis applied to the Applicant¡¯s testimony. He too had an obvious...

The disciplinary decision was based on two allegations: first, that the staff member committed a physical assault during a domestic dispute; and second, that the staff member failed to immediately report an arrest and criminal proceedings to the Secretary?General, contrary to staff rule 1.5(d). Regarding the assault allegation, the Tribunal found the evidence sufficient and compelling. It relied on contemporaneous police records, a judicial order of protection identifying the staff member as the aggressor, photographic evidence of injury, consistent sworn statements obtained during the...

The UNAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The UNAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the UNAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the UNDT did not err in not holding an oral hearing...

The UNAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the UNDT with respect to two of nine instances of alleged misconduct by the former staff member. The UNAT further acknowledged that the Secretary-General¡¯s contention was that the UNDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the UNAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The UNAT held that the UNDT did not err in concluding that the contested decision to close the staff member¡¯s complaint without investigation was lawful and reasonable. The UNAT found that OIAI properly assessed the allegations and determined they lacked sufficient evidence or indicia of misconduct, and that the incidents described fell within normal performance management rather than harassment or abuse of authority.

The UNAT further held that the UNDT correctly found that disagreements over performance ratings and the implementation of a Performance Improvement Plan do not constitute...