¹ú²úAV

The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The ASG/OHR considered all the relevant facts, and weighed the reasons provided by the Director of the RSCE. She considered the circumstances surrounding the Applicant’s prior service on a temporary appointment, and the exception previously granted to the Applicant’s sister. 

The Respondent created no legitimate expectation that the exception previously granted to the Applicant’s sister would automatically result in the Applicant being later granted an exception, too; indeed, the derogation in the past had a different factual basis in the type and length of the relationship (and the temporary...

The UNAT considered an appeal by the staff member.

The UNAT found that the UNDT had reviewed the disciplinary decision thoroughly and methodically; the UNDT had not erred in fact or law in conducting the proportionality analysis and there had been no irregularity in the investigation and disciplinary process, warranting intervention.  

The UNAT agreed that the obligation not to disclose internal information is not limited to confidential information.  The UNAT found that even if the staff member had liaison functions with member states, it did not give her the right to communicate internal...

After requesting additional findings of fact from the UNDT, the UNAT reconsidered an appeal by the staff member following the prior remand.

The UNAT found that the UNDT’s judgment had failed to make a single mention of the nature, content or purpose of the testimony adduced under oath before it but was based entirely on hearsay evidence drawn exclusively from the investigation report and other documents.  The UNAT found problematic the fact that the UNDT made no pronouncement as to why it exclusively relied on hearsay evidence and gave no reason why the evidence was not given by the person...

The UNAT denied the Appellant’s request for an oral hearing.  It found that it would add nothing to his case presented in writing to hear from him in person and that an oral hearing would not assist in the expeditious and fair disposition of the case.

The UNAT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the UNDT but which it did not accept. 

The UNAT found that the WSSCC structure was closed down on 31 December 2020 at the instigation of its donors and replaced by another organisation (the Sanitation and Hygiene Fund).  It...

AAF appealed.

The UNAT agreed with the UNDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The UNAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member’s due process rights, namely his or her possibility of challenging the administrative decision before the UNDT.  As the Secretary-General had...

UNAT agreed with the UNDT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, UNAT agreed that the application on this question was not receivable.

However, in regards to the finding that the Administration abused its authority in mishandling the Appellant’s sexual harassment complaint, UNAT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the UNDT made no ruling on this...