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UNAT considered the Appellant’s request for an oral hearing and claims for moral damages and reinstatement. UNAT held that the factual and legal issues arising from the appeal have already been clearly defined by the parties and did not find that an oral hearing would “assist in the expeditious and fair disposal of the case. ” To that end, UNAT denied the Appellant’s request for an oral hearing. UNAT found no fault with UNRWA DT’s conclusion that it was highly probable that the Appellant had a leadership role in the armed clashes of 18 June 2015. UNAT held that there was no evidence to suggest...

On appeal by the Secretary-General, UNAT found that UNDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. UNAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. UNAT found that UNDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

UNAT considered an appeal by the Secretary-General. UNAT held that the allegation that UNDT usurped its discretion by failing to show due deference in substituting its own preference of sanction for that of the Secretary-General was overstated. UNAT held that UNDT had correctly balanced the competing considerations and concluded reasonably that the cumulative imposition of a written censure and the loss of two steps in grade were disproportionate to the misconduct. UNAT found that UNDT did not misdirect itself in accepting as mitigating factors the fact that Appellant had lost all his...

UNAT considered the appeal. UNAT noted that UNRWA’s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. UNAT accordingly found that UNRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant’s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant’s request for compensation, UNAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

UNAT held that the undisputed facts, the evidence of a credible report, coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the unsatisfactory statement of the staff member, and the inherent probabilities of the situation, taken cumulatively, constituted a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. UNAT noted that the Organisation is entitled to and obliged to pursue a severe approach to sexual harassment and that the message, therefore, needs...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General discharged his burden to establish the facts of misconduct by clear and convincing evidence in relation to all the allegations of wrongdoing regarding the special education grants. UNAT held that the evidence proved not only fraud in the form of false accounting, but also the uttering of forged and falsified documents to the Organisation. UNAT held that the staff member’s behaviour constituted serious misconduct by which she enriched herself by approximately USD 50,000 at the expense of the Organisation...

UNAT held that UNDT did not err and that clear and convincing evidence established that the Appellant participated in an attempted taking of property belonging to the Organisation. UNAT held that UNDT did not err in concluding that the disciplinary sanction of dismissal from service was proportionate and lawful. On the Appellant’s claim that the items were “garbage”, UNAT held that this claim was entirely without merit as the evidence showed that the items included over USD 5,000 worth of material, including boxes of new floor tiles. On the Appellant’s claim that UNDT failed to fully assess...

The UNDT judgment was appealed by the Secretary-General. UNAT held that UNDT did not exceed the scope of judicial review by reviewing the facts and concluding that there was sufficient evidence of inebriation but concluding there was a lower level of alcohol consumed based on the breathalyzer result. UNAT held that UNDT correctly balanced the competing considerations and concluded reasonably that the imposition of the sanction of separation from service with compensation in lieu of notice and termination indemnity was disproportionate to the misconduct. UNAT held that the fact that the...

UNAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. UNAT held that because the factual basis for the JAB’s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. UNAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...

UNAT held that UNDT had committed various errors of law, fact, and procedure. UNAT held that the whole reasoning of UNDT was misconstrued and UNDT did not properly examine the lawfulness of the disciplinary sanction. UNAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of UNFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another UNFPA vendor. Further, UNAT held that there was...