¹ú²úAV

The UNAT held that the UNDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant.  As such, the UNAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The Tribunal observed that there was no dispute with respect to the material facts of the case. The Applicant was subject to an investigation and disciplinary process while employed at UNOPS, had his appointment terminated for misconduct, and did not disclose this information in his PHP when applying for the position at the UNLB, UNGSC.

The Applicant's attempts to justify his conduct were both illogical and not grounded on evidence.

False claims and misrepresentations of qualifications on PHPs constitute serious misconduct for violating the legal framework. The Applicant's conduct was not an...

The Tribunal noted that the Applicant contended that he was separated for non-disciplinary reasons, while the Respondent provided proof indicating that the termination decision was made on 11 March 2022 and rose from an incident on 2 October 2019 in which the Applicant allegedly drove a United Nations vehicle while under the influence of alcohol and damaged that vehicle.

The Tribunal thus held that: a) to the extent that the termination decision was for reasons other than disciplinary, the Statute of the United Nations Dispute Tribunal required that, to be receivable, the Applicant ought to...

The initial decision to deny the Applicant EGT for the 2021-2022 academic year was modified following management evaluation. The Applicant was granted partial EGT for the 2020-2021 and 2021 2022 academic years, which resulted in a pro-rated recovery of the Applicant’s EGT for the 2020-2021 academic year and the granting of half of his EGT for the 2021 2022 academic year.

Pursuant to staff regulation 3.2(a), staff rule 3.9(g), and sec. 9.1 of ST/AI/2018/1/Rev.1, the Applicant is entitled to one round trip for her daughter during each academic year between her educational institution and his...

The Applicant was found suitable for available positions. Indeed, for one job opening, he was one of the eight candidates short-listed and convoked to interview. By shortlisting him, the Administration tacitly acknowledged that he was deemed suitable for the position; per Timothy UNDT/2017/080, as a continuing appointment holder facing termination, the Administration was obliged from that point to consider his candidacy on a preferred, non-competitive basis.

The Tribunal found that the Administration failed in its obligation to make good faith efforts to absorb the Applicant into a new post...

The UNAT found that the relief sought in the application concerned an issue not previously raised before the UNDT or the UNAT, being the recovery of an amount already paid as an admissible expense on a sliding scale.

The UNAT held that there was nothing in the meaning or scope of the prior Judgment that was unclear or ambiguous, the terms of the order were clear. The UNAT noted there was no need to interpret the prior Judgment to clarify its meaning, nor were there reasonable doubts about what constituted the UNAT’s decision or the reasons for it.

The UNAT was of the view that there was also...

The Applicant lost a significant portion of his annual leave balance because the Administration used that leave to address the period of unlawful separation. This ongoing injury is of sufficient collateral consequence to preclude mootness despite the partial reversal of the direct effects of the contested decision. Thus, even if the Applicant was reinstated, there remained a live controversy between the parties and as such, the application is not moot.

The contested decision in the case at hand is the non-renewal decision. There is no separate litigation of the decision to charge absence to...

The undisputed facts are unambiguous and leave little room for different interpretations. An apology does not invalidate or undo the misconduct. The fact that the Applicant was not made aware of the negative impact of her practice has no relevance for the factual determination. As such, the Administration has established the facts underlying the disciplinary measure in question by preponderance of evidence.

The Applicant using expletives towards her subordinates and widely addressing her colleagues by nicknames in the workplace were compounded by her ignoring personal and professional...

While regrettably there is neither an eyewitness to the physical assault in question nor any security camera that could have captured the assault on video, the complainant provided, under oath, a detailed and coherent account of the physical assault in question, the circumstances leading to it and its aftermath. His account of the physical assault and subsequent events is corroborated by other witnesses’ testimonies, the documentary evidence and/or the Applicant’s contemporaneous behaviour, i.e., his attempt to bring some soft drinks to the complainant a few hours after the physical assault...

The application is denied.