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The UNAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The UNAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the UNAT Statute, and was denied.

The UNAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The UNAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the UNAT Statute, and the application was denied.

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 held that there was no error of law or fact by the UNDT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The UNDT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the UNDT¡¯s assessments of the occurrence and significance of the events. The UNDT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace...

The UNAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the UNAT to reject it. The UNAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The UNAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.

The UNAT was of the view that the request for execution relied on the staff member¡¯s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The UNAT further noted that the Judgment had...

a. Regarding the first contested decision, the Tribunal established that based on the evidence on record, the Organization terminated the Applicant¡¯s appointment under staff rule 9.6(c) due to the abolishment of the post that he encumbered. Accordingly, the Tribunal concluded that the termination of the Applicant¡¯s permanent appointment on the basis of abolishment of his post was procedurally proper and lawful.

b. On the second issue, the Tribunal established that based on the evidence before it, the Organization had fulfilled its obligation under staff rule 9.6(c) to make reasonable and good...

The UNAT held that the UNDT acted correctly by conducting a judicial review of the case.

It found that the UNDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020.While Ms. V¡¯s testimony alone would have been sufficient in this context, the UNAT noted that it was corroborated by colleagues who were...

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 held that the contested decision was a separation decision hinged on expiration of an appointment, and not a termination decision based on abolition of post or reduction of staff. The former staff member did not fall within the category of staff with the right to be considered on a preferential basis for retention and the Administration did not have an obligation to find him an alternative and suitable position following the abolition or reclassification exercise.

The UNAT observed that although the former staff member was informed in his non-renewal letter that he would be placed on...

The Tribunal found that the 29 February 2024 decision constituted a fresh administrative decision and not a mere reiteration of the 9 August 2023 decision as argued by the Respondent.

Just as a staff member may not reset the clock by repeatedly questioning the original decision, the Organization may not freeze the clock and deprive a staff member of their right to a new decision based on new circumstances.

The substantive issue in this case was whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements. The Tribunal found that the...

The Tribunal noted that the evidence before it, supplied by the Applicant himself, showed that the contested decision was taken on 17 April 2011 and the Application was filed in 2025.

Based on art. 8.1(d)(ii) of its Statute, the Tribunal found that the application was manifestly time-barred. Accordingly, the Tribunal held that the application was not receivable ratione temporis and the application was rejected.

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 ºÚÁÏרÇø Staff Union to support UN Staff Day to the ºÚÁÏרÇø 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 held that the UNDT correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.

With respect to the compensation awarded, the UNAT affirmed the UNDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...

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 noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The UNAT also noted the medical evidence of signs of the participant¡¯s dementia.

The UNAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The UNAT held that the Fund had not erred when it found those forms...

The UNAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The UNAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The UNAT concluded that the UNDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The UNAT was of the view that it was unclear what Covid-19...

The UNAT held that the Administration¡¯s restructuring of the finance function was a genuine exercise and a proper use of the Administration¡¯s discretion in responding to evolving needs. The UNAT did not agree that the Administration acted unfairly or unjustly in abolishing the former staff member¡¯s post. The UNAT further held that consultation with the former staff member was not required prior to the abolition of her post.

The UNAT found that the former staff member¡¯s dissatisfaction with the UNDT¡¯s assessment of the evidence of workplace issues between her and her supervisor does not...

The UNAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The UNAT also noted the medical evidence of signs of the participant¡¯s dementia.

The UNAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The UNAT held that the Fund had not erred when it found those forms...

The UNAT held that the UNDT had erred by failing to grant the remedy under Article 10(5)(a) of the UNDT Statute after it had found that the disciplinary decision was unlawful. The UNDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The UNAT remanded the case to the UNDT for determination of the appropriate remedy.

The UNAT agreed with the UNDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the UNAT held that the UNDT had erred in the...

The UNAT held that the staff member bore the burden of proving that the Secretary-General¡¯s failures to address both the discriminatory policies of the host country and the alleged attempt of the law enforcement authorities of that host country to recruit him, constituted unilateral decisions taken by the Administration, which applied to him individually, and had direct legal consequences on his terms of appointment or contract of employment. The UNAT held that the staff member could not meet this burden because these issues fell within the realm of diplomacy, are subject to the rules of...