¹ú²úAV

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 held that the UNDT did not err in finding that the disciplinary measure imposed was lawful.

The UNAT rejected the former staff member’s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association.  The UNAT held that this argument was not admissible, as it had already been presented before the UNDT.

In any event, the UNAT determined that the decision from DWB constituted a...

The UNAT held that the UNDT did not err in finding that the staff member’s action of gifting a sex toy to a subordinate was inappropriate, as it transgressed the boundary between the professional and personal life of the subordinate, even if the event took place in private. Whether solicited or not, it had the potential to negatively impact the image and interests of the Organization. Consequently, the UNAT concluded that by doing so, the staff member failed to uphold the required standard expected of her role as a manager.

The UNAT also found that the UNDT committed no error in finding that...

The UNAT noted that the staff member had been among the staff whose fixed-term appointments were not renewed due to the closure of the UNAMID mission.

With regard to his colleague who was laterally reassigned to the Headquarters and consequently remained in service, the UNAT found that the reassignment had been directly related to the undisputed fact that the colleague could not have been repatriated to Afghanistan for safety and security reasons. The UNAT was of the view that without the lawfulness of the reassignment decision having been placed before it for determination, it was unable to...

The Respondent discharged the evidentiary burden of minimal showing that the decisions regarding abolition of the Applicant’s post leading to non-renewal of his fixed-term appointment and separation were lawful. The witnesses were credible, their evidence was cogent, reliable, consistent and corroborative. It was not contradicted in any meaningful manner. After examining the Applicant’s and his witnesses’ testimonies, the Tribunal was not convinced that the Applicant has made a clear and convincing case to rebut the presumption that the abolition of his post leading to the non-renewal of his...

The Tribunal recalled that the regulatory framework on termination for facts anterior does not limit it to cases where there has been a proven prior factual finding of misconduct or a conviction of crime. What is required is that there must be a fact anterior that detracts from the suitability of the prospective recruit due to concerns of efficiency, competence, and integrity. The fact must be of so serious a nature that it would have precluded the staff member’s appointment if it had been disclosed to the Organization during the recruitment process.

In the instant case, the Tribunal...

The Tribunal found that the Respondent had provided no rule or precedent based contextual explanation to support his position. The Tribunal, therefore, concluded that the Respondent had not provided any rational explanation for depriving the Applicant of the entitlements to increments afforded under GS Salary Scale 120b to those similarly circumstanced. Accordingly, the Tribunal:

a. Decided to rescind the contested decision;

b. Directed that the Applicant be recognised as having been in continuous service with the United Nations Secretariat from 3 May 1994 and, effective 22 February 2022...

The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.

In view of the foregoing, the Tribunal:

a.     Granted the application and rescinded the contested decision;

b.     Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and

c.     Directed the Respondent to pay to the Applicant for the delayed payment of said...

The UNAT considered an appeal by the staff member.

The UNAT found that the staff member had merely made unsubstantiated general claims about having the requisite skills and experience for his post to be retained.

The UNAT was of the view that, as the UNDT had correctly held, the staff member had failed to discharge the evidentiary burden to rebut the presumption of regularity that arose from the minimal showing of a rational basis for the decision.

The UNAT found that the record confirmed that there was a genuine restructuring that led to the retrenchment of 29 staff members.

The record...

Considering the lack of any direct evidence before the Tribunal as the alleged victim declined to provide witness testimony, it found that the Respondent had not managed to prove with clear and convincing evidence, or even with the preponderance of evidence, the factual allegations leading to the USG/DMSPC’s conclusion that the Applicant had sexually harassed her. In the same vein, the Respondent also failed to demonstrate that the Applicant created a hostile work environment for her. 

Whereas the Applicant’s actions and behavior were not up to the standard to be expected of a supervisor...