����AV

Regarding the first contested decision, the Tribunal held that the right to know the contents of the report, although summarised, is implicit in the right of a staff member to complain against third persons (right already acknowledged in Belkhabbaz, UNDT/2021/047 at para. 21) because this right includes the right to know the reasons for which the Administration did not punish the accused person.

The Tribunal, therefore, concluded that the Applicant had a right to receive the report in full, with reasonable redactions, from the Administration. Therefore, the claim in question was granted.

In...

The Appeals Tribunal concluded that the UNDT did not err in finding that the Administration had established that AAR had unlawfully disclosed confidential information and had unlawfully failed to disclose a conflict of interest and recuse himself. 

The Appeals Tribunal was also satisfied that the administrative measure imposed on AAR was proportionate to his misconduct, and that the UNDT did not commit any error in awarding moral damages for the harm AAR incurred due to the undue delay in completing the disciplinary process.

The Appeals Tribunal therefore dismissed the appeals.

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration’s discretionary authority.  The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...

At the outset, the Appeals Tribunal noted that Ms. Monasebian had provided little or no reason in support of her request for the anonymization of the Judgment other than a general statement that the information in her case was sensitive. The Appeals Tribunal took the view that anonymization was not warranted in this case and dismissed her request.

The Appeals Tribunal was satisfied that the UNDT did not err in finding that there was a preponderance of the evidence that Ms. Monasebian had engaged in a pattern of conduct through which she created an intimidating, hostile and/or offensive work...

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...

The UNAT held that the staff member had had ample opportunity to comment on her lateral transfer. The UNAT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.

The UNAT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member’s competence, skills, and experience. The UNAT found...

The UNAT held that the UNDT erred in finding that ST/SGB/2003/13 imposes a requirement of “undue advantage” for sexual exploitation to occur.  The UNAT further found that the former staff member abused the position of vulnerability of V01 for sexual purposes (i.e., engaging in at least four acts of sexual intercourse), which constitutes sexual exploitation and abuse.  The UNAT emphasized that the UNDT itself acknowledged that V01, allegedly a minor, was vulnerable and less powerful than the former staff member, and that his actions had a sexual connotation.  Therefore, the UNAT held that the...

The UNAT held that the Administration did not act unreasonably or unlawfully in requiring the staff member to work from the office two days per week.  It further held that relevant considerations, including the staff member’s personal and medical circumstances, were taken into consideration, and irrelevant considerations were excluded.  The UNAT also found that there was no obligation on the Administration to establish that the requested accommodations represented a disproportionate or undue burden on the workplace.

The UNAT also found no merit in the staff member’s argument that the lack of...

The UNAT held that the Administration provided a thorough and detailed analysis of the factors required to be considered in the disciplinary context.  This included : the past practice of the Organization in comparable matters, the seriousness of the misconduct; whether the conduct was accidental, careless, reckless, or deliberate; whether the staff member followed procedures and was self-aware of the conduct; whether, given the staff member’s experience, the misconduct was minor, substantive, or severe; the risk of damage to the Organization and staff; as well as any mitigating factors.

The...

The UNAT held that the UNDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance.  The UNAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard.  The UNAT observed that he had received “partially meets performance expectations” for two performance cycles, and “does not meet expectations” for the most recent performance cycle.  He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...