¹ú²úAV

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law in finding that the Administration was not legally allowed to consider seniority or career advancement in the selection process. UNAT held that it was entirely proper to make a choice between two recommended candidates based partly on their respective seniority and time already served at a particular grade. UNAT held that UNDT also erred in essentially reversing the burden of proof by requiring the Secretary-General to show that the factors considered were explicitly provided for in the legal framework rather...

UNAT held that UNRWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the UNAT Statute. UNAT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. UNAT held that the Appellant merely repeated arguments raised before UNRWA DT. UNAT accepted UNRWA DT’s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. UNAT held that UNRWA DT made fundamental errors of...

The investigation successfully established that the Applicant engaged in workplace harassment in seven different occasions against the three complainants. By committing workplace harassment, the Applicant breached the highest standards of integrity and engaged in behaviour unbecoming of an international civil servant. As such, her conduct constitutes serious misconduct. However, the disciplinary measure of separation from service imposed on the Applicant was found to be too harsh of a penalty lin light of the Administration’s past disciplinary measures on other cases of comparable conduct, as...

The burden of proving the provenance and authenticity of the footage is on the Respondent. The Tribunal found that the challenge as to the evidentiary value of the video can properly be dismissed, given the type of document (a video file), its content (a continuous show of people interacting with no discrepancies) and the comments on it by the Applicant (as mentioned). The Tribunal found that a forensic examination of the files was not necessary and that the anonymity of the sources did not undermine its clear and objective content. In this case, the Applicant was not simply careless to have...

The Tribunal agreed with the Respondent that the Applicant was reckless in his failure to report a fraud which he was aware of. He chose to conceal and abet the perpetration of a fraud. The facts were established to the requisite standard by the Applicant’s own admissions and the evidence on record. The Tribunal held that the established facts clearly constituted misconduct as charged. The elements of the charge of abetting and concealing fraud were established through the evidence. The Applicant who had possession of important knowledge about fraudulent document passing through his office...

The Tribunal held that the Applicant had an obligation as a staff member to uphold the highest standards of integrity which include acting with honesty. In her submissions, she argued that she acted truthfully and with honesty. She gave reasons why she thought she could use Organization’s assets for personal benefit. The Tribunal found that the Applicant’s justifications were not supported by any rule or regulation. She acted dishonestly in breach of integrity standards by using the Organization’s UPS facility for personal benefit without any lawful justification. The Tribunal found that the...

Receivability ratione materiae. The Applicant’s management evaluation request was not clear on whether he was making allegations of misconduct against his Supervisor, which would need to be dutifully investigated, or citing performance or management issues to be addressed by management. Similarly, the Applicant did not provide any evidence that the matter of lawfulness of the decision to place him on ALWP was ever formally contested by him. Hence, any determination against the decision not to further investigate the Applicant’s complaints of harassment against his supervisor or against his...

At the time of the contested decision to not investigate his complaint of harassment and abuse of authority into his separation from service and alleged blacklisting, the Applicant had been separated from service for more than four and a half years and was no longer a staff member in the strict sense. Therefore, for the application to be receivable, the contested decision must have a bearing on the Applicant’s status as a former staff member in the sense that it affects his previous contractual rights. In determining whether the contested decision affects the Applicant’s previous contractual...

Whether the Administration provided a valid and fair reason for the contested decision In determining whether a valid and fair reason exists to terminate the Applicant’s appointment for unsatisfactory performance, the Tribunal will examine in turn the following issues: i. Whether the Applicant in fact failed to meet the performance standards; ii. Whether he was aware, or could reasonably be expected to have been aware, of the required standards; iii. Whether he was given a fair opportunity to meet the required standards; and iv. Whether termination of appointment is an appropriate action for...

As a preliminary matter, UNAT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General’s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. UNAT held that UNDT, in exercising judicial review, may interfere with the exercise of the Secretary-General’s discretion in disciplinary proceedings against a staff member on the ground...