����AV

The Appeals Tribunal found that the Administration’s decision not to investigate further Mr. Lutfiev’s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an UNRWA staff member.  

Furthermore, the Appeals Tribunal was satisfied that the UNRWA DT’s decision rescinding Mr. Lutfiev’s separation from service was decided erroneously.  The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev’s separation from service and failed to undertake what is known as the four...

UNAT endorsed the UNDT’s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative.  UNAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

Mr. Jibril appealed.

As regards the request for an oral hearing, the UNAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification.  Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure.  Accordingly, the request for an oral hearing is denied.

The UNAT agreed with the UNRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

UNAT held that UNDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. UNAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. UNAT affirmed UNDT’s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

UNAT found that the UNDT correctly concluded that the contested decision not to initiate an investigation due to the resignation of her SRO was lawful as part of a reasonable exercise of discretion. Though the term “preliminary assessment” in ST/SGB/2019/8 was not specifically used in the contested decision, it was clear that Ms. Fosse’s complaint was preliminarily assessed before the decision was made that no investigation would be undertaken. While the previous Bulletin (ST/SGB/2008/5) may have been in force when she lodged her complaint and when it was the subject of a preliminary...

Procedural issue: anonymity In the present case, the sensitive information regarding the Applicant’s medical history and his mental health status constitutes exceptional circumstances that warrant granting anonymity. Therefore, the Applicant’s name is anonymized in the present judgment. Scope of judicial review It is within the Tribunal’s competence to hold a hearing or look at facts that were allegedly not before the decision-maker to determine whether relevant factors have been ignored. This is fundamentally different from a de novo investigation into the facts underlying the disciplinary...

In all the circumstances, the Respondent failed to prove by clear and convincing evidence the basis for the finding of misconduct that led to the Applicant’s dismissal.   There was no clear and convincing evidence of any factual basis for a finding that the Applicant committed the actions as alleged. The Tribunal found that due process was observed. However, the failure to interview appropriate witnesses adversely detracted from the standard of proof of misconduct achieved by the Respondent. That standard did not reach the level of a clear and convincing case. Of the remedies sought by the...

Mr. Beda appealed.  As a preliminary matter, UNAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, UNAT found that the UNDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

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 considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, UNAT held that UNDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. UNAT held that UNDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, UNAT held that UNDT did...