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The UNAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The UNAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the UNDT would have impacted the decision of the case.

The UNAT found that the staff member had not received a wrong performance rating and that the UNDT had not misrepresented or failed to give...

In the context of the present case, the Tribunal finds that the electronic UMOJA notifications regarding the Applicant¡¯s time and attendance records, which were automatically sent to him on a monthly basis during the relevant four-year time period, were nothing but status updates on his leave records. None of the status updates therefore constituted separate and individual administrative decisions in accordance with art. 2.1(a) of the Dispute Tribunal¡¯s Statute against which the Applicant must file a request for management evaluation in accordance staff rule 11.2.

Applying either evidentiary...

The Applicant disputed whether the Office of Internal Audit and Investigations (¡°OIAI¡±) decision not to initiate an investigation into his complaint of alleged harassment and abuse of authority was lawful, reasonable, and fair. He asserted that while work-related matters normally do not constitute prohibited conduct, UNICEF¡¯s Policy on Prohibited Conduct does not exclude performance-related matters from being considered harassment and abuse of authority.

The issue before the Tribunal was determining whether the Applicant¡¯s contentions fall in the scope of regular disagreements on work...

The UNAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant¡¯s attorney¡¯s personal circumstances.

The UNAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the UNAT found that the UNDT had erred in fact and law in dismissing Mr. Khan¡¯s application as not receivable ratione temporis. It concluded that Mr. Khan¡¯s exceptional circumstances¡ªincluding severe flooding disrupting internet service and affecting his ability to access e...

The Applicant¡¯s request for RC to prepare questions for the ACABQ members to ask the USG/OSAA about the issues that the Senior Managers had been contesting in the office was a breach of staff regulation 1.2(i) which provides that ¡°[s]taff members shall exercise the utmost discretion with regard to all matters of official business. They shall not communicate to any Government, entity, person or any other source any information known to them by reason of their official position that they know or ought to have known has not been made public, except as appropriate in the normal course of their...

The Tribunal found that the Applicant¡¯s appointment was lawfully terminated under staff regulation 9.3(a)(i) following the termination of MINUSMA¡¯s mandate. The Tribunal found that there is no basis for the Applicant¡¯s claim that the Administration unlawfully terminated his appointment early because of his health. The Tribunal found that the Applicant¡¯s reliance on ST/AI/2019 and ST/AI/1999/16 was misguided since his appointment was not terminated on health grounds.

The Appeals Tribunal dismissed both appeals.

The Appeals Tribunal held that the UNDT correctly found that the Charge Letter did not constitute a reviewable administrative decision, and that as such Mr. Schifferling¡¯s application was not receivable ratione materiae.

The Appeals Tribunal further found that the question of whether the Dispute Tribunal erred in not joining the Secretariat as a necessary party to the application had become moot and that in any event, the interlocutory appeal was not receivable.

The UNAT found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the UNAT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...

The UNAT held that the UNDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The UNAT also determined that the UNDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the UNAT emphasized that the UNDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

The Application was granted in part.

The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year¡¯s net base salary.

In all other respects, the Respondent¡¯s decision is AFFIRMED and the Applicant¡¯s prayers refused.

The UNAT held that the UNDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The UNAT also determined that the UNDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the UNAT emphasized that the UNDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

Le Tribunal d¨¦cid¨¦ de rejeter la requ¨ºte.

? la lumi¨¨re des faits ¨¦tablis et de la constatation de faute, les trois all¨¦gations mentionn¨¦es contenues dans la lettre portant sanction, relatives ¨¤ des ? atteintes sexuelles ?, constituent des ? fautes graves ? selon les termes de l¡¯alin¨¦a (b) de l¡¯article 10.1 du Statut du personnel. En outre, au regard de l¡¯alin¨¦a (a) de la disposition 10.2 du R¨¨glement du personnel, sur le fondement duquel la sanction a ¨¦t¨¦ impos¨¦e, l¡¯imposition du renvoi est une possibilit¨¦.

Le renvoi est l¡¯une des sanctions les plus s¨¦v¨¨res qui puissent ¨ºtre impos¨¦es dans une...

The UNAT found that the UNRWA DT had erred in law when it found that the applicable legal framework allowed the interview panel to conduct technical assessments of the candidates. However, the UNAT held that the procedural irregularity of the panel having held a second round of interviews of a purely technical nature, would not suffice to grant the appeal because the outcome of the recruitment process would have been the same.

The UNAT held that the UNRWA DT had not erred with regards to the Agency¡¯s failure to correctly apply gender parity rules. The UNAT found that gender parity had not...

The Tribunal held:

1. The Applicant repeatedly engaged in attempts of corruption by requesting money from at least six refugees in exchange for promising UNHCR services that should have been provided without charge. As a consequence, the decision to dismiss the Applicant was lawful.

2. The facts which the Applicant was accused of were proved in a consistent and unequivocal manner, and the Respondent fulfilled his burden to prove that the Applicant took bribes from some refuges, or at least that she asked for them.

3. The disciplinary measure was not based solely on anonymous statements...

The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY¡¯s conduct, the UNDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS. The fact that AAY chose not to testify at the UNDT hearing made it clear that he stood by his statement to the OIOS investigators. The UNDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence. The fact that the three witnesses...

The UNAT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the UNDT issued the first Order. The UNAT held that this was not grounds to grant the interlocutory appeal, because ABA¡¯s arguments were heard by the UNDT when he filed his motion for reconsideration.

The UNAT held that the UNDT did not exceed its competence or jurisdiction when it issued these case management orders. The UNAT was also not persuaded by ABA¡¯s argument that the violation...

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 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 considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the UNDT issued the first Order. The UNAT held that this was not grounds to grant the interlocutory appeal, because ABA¡¯s arguments were heard by the UNDT when he filed his motion for reconsideration.

The UNAT held that the UNDT did not exceed its competence or jurisdiction when it issued these case management orders. The UNAT was also not persuaded by ABA¡¯s argument that the violation...

The primary legal issue before the Tribunal was whether the decision not to select the Applicant for the position of P-4 Reviser (Russian) was lawful in that he was given full and fair consideration for the position.

The Tribunal found that the applicable procedures were properly followed, and that the Applicant¡¯s allegations of procedural irregularities were unsubstantiated.

With respect to full and fair consideration, the Tribunal noted that after reviewing the applications based on the established evaluation criteria, four candidates were deemed not to be suitable and five candidates...