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UNAT considered an appeal by Mr. Ramos. UNAT held that in order for conduct to constitute sexual harassment, apart from an “unwelcome sexual advance”, it is required that the behavior in question “might reasonably be expected or be perceived to cause offence or humiliation to another, when such conduct interferes with work, […] or creates an intimidating, hostile or offensive work environment” and that “[w]hile typically involving a pattern of behaviour, it can take the form of a single incident”. UNAT was satisfied that there was clear and convincing evidence that the Mr. Ramos’ conduct as...

UNAT held that UNDT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.’s complaint], had failed to consider whether the limits of the managerial discretion were respected. UNAT rejected the Secretary-General’s argument that UNDT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General’s sole and exclusive authority in disciplinary matters. UNAT observed that when UNDT rescinded the decision based on the investigatory Panel’s report, it did not draw any...

UNAT held that UNDT did not err when it held that ST/AI/2017 was the governing legal framework applicable to the case. UNAT held that joint representation by UN-Women, where the Appellant currently served, and UNMIK, where the events in dispute occurred, was justified. UNAT held that the circumstances also justified the granting of an opportunity to supplement the initial reply (and a corresponding right to reply). UNAT held that, given that the Appellant had not contested the joint representation before UNDT at the time and having been afforded the opportunity to answer the supplementary...

UNAT held that the Appellant had no standing to seek consideration by a full bench. UNAT held that to the extent UNDT engaged in a fact-finding exercise of its own, this was not a legitimate exercise of its competence. UNAT held that the Administration’s failure to provide adequate reasons for the contested decision resulted in the contested decision being unlawful. UNAT held that the Administration’s failure to exercise its discretion with regard to carrying out an investigation also rendered the contested decision unlawful. UNAT allowed the appeal in part. UNAT vacated the UNDT Judgment by...

UNAT held that the UNDT erred both in not permitting the Appellant to call a witness (AA) and in the incorrect conclusions it drew from her hearsay evidence. UNAT held that, to the extent that BB (a non-UN staff member) was a witness adverse to the Appellant, the failure of the Secretary-General to secure her attendance before the UNDT permitted an adverse inference which detracted considerably from the credibility and reliability of her allegations in the OIOS investigation report. UNAT held that little weight could be attached to the evidence of two unidentified UN staff members, to whom the...

The deadline for the Applicant’s request for compensation for any alleged irregularity in the handling of his complaint of misconduct started on 27 June 2019 when he was notified of the outcome of the complaint. The 27 June 2019 notification rendered the decision resulting from the Applicant’s complaint final and therefore reviewable under art. 2.1(a) of the Tribunal’s Statute. Consequently, the notification date starts the clock running for any challenge of such administrative decision. Under staff rule 11.2(c), the Applicant had 60 days to request management evaluation of the contested...

UNAT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, UNAT noted that UNDT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. UNAT rescinded the UNDT’s judgment to the extent that it awarded damages to Mr Abboud.

UNAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. UNAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. UNAT held that UNDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

UNAT considered an appeal by the Secretary-General. UNAT affirmed UNDT’s finding of the unlawfulness of reassignment decision. UNAT recalled that reassignment is proper if the new post is at the staff member’s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member’s competencies and skills; and if he or she has substantial professional experience in the field. UNAT held that, in Ms Rees’ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. UNAT held...

UNAT held that the Appellant’s submissions were largely a reiteration of his arguments before UNDT. UNAT held that UNDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. UNAT held that UNDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. UNAT held that the UNDT’s findings that the advice given to the Appellant regarding uncertified sick leave was correct. UNAT held that the Appellant’s allegation that...