����AV

The Appeals Tribunal found that the UNDT erred in law by applying the improper legal framework, the relevant legal framework not being ST/SGB/2008/5, but the UNFPA Disciplinary Framework and the UNFPA Harassment Policy. The UNAT explained that UNFPA, being one of the separately administered funds of the Organization, has its own legal framework and is not regulated by the Secretariat’s general administrative issuances such as ST/SGB/2008/5, unless otherwise stated or unless it has expressly accepted their applicability. The UNAT held that the UNDT erred when it found that Mr. Toson’s request...

The UNAT held that the Dispute Tribunal correctly reasoned that under the UNFPA Disciplinary Framework, the assessment of the facts of misconduct is not exclusive to OAIS, but that the Director of the Department of Human Resources (Director/DHR) must also analyze the evidence, and such analysis could lead DHR to a different conclusion than that of OAIS. Accordingly, in this case, the UNAT found that the UNFPA Administration had the authority or locus standi to proceed with a disciplinary process even in the absence of a finding of misconduct by OAIS. The UNAT further held that the UNFPA...

The reason given to the Applicant for the impugned decision, namely, the organizational restructuring at UNFPA, is supported by the facts. Evidence shows that UNFPA suffered the significant financial shortfalls, and UNFPA, facing such a precarious financial situation, undertook the genuine organizational restructuring which resulted in the abolition of the Applicant’s post and the termination of her appointment. While the Applicant claims improper motives, the Tribunal finds that she presented no supporting evidence and thus did not meet the burden of proof in this regard. The Organization’s...