The establishment of the fact-finding panel, as statutorily required, renders the application moot.
UNAT held that the Appellant’s consent to foregoing an in-person hearing was not required, pursuant to Rule 22 of the ICAO Appeals Board Rules and ICAO Staff Rule 111.1(18). The Appellant was advised by the ICAO Appeals Board of its intention to proceed with a summary decision and she participated in this process by making submissions without objecting to it. Therefore, it was not an error of law for the Appeals Board of ICAO to have considered and decided the summary judgment without an in-person hearing but otherwise in compliance with due process requirements of participation therein by...
The UNAT held that the UNDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The UNAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The UNAT found that the staff member’s due...
The UNAT held that the UNDT correctly pointed out that the only remedy requested by the staff member in his application to the UNDT was the rescission of the administrative decision not to transfer him. Only now on appeal does the staff member raise other claims and additionally requests payment of all salaries and benefits from the date of termination to the date of the UNAT Judgment, including pension benefits and compensation for the material and moral harm inflicted on him, caused by harassment, mistreatment, and unlawful termination. His new requests on appeal cannot be accepted by the...
The UNAT dismissed the appeal. The UNAT found that the UNDT erred in finding that the application was not receivable ratione personae and ratione materiae. The UNAT held that the refusal to investigate his complaint constituted an appealable administrative decision and the application was thus receivable ratione materiae. Furthermore, given that in this case the purported abuse was alleged to have been the improper rationale for the separation from service of Mr. Ross, as a former staff member, it was sufficiently connected to his employment to confer jurisdiction ratione personae. Turning...
The UNAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked UN vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...
The UNAT held that there was no merit to the staff member’s motion to strike from the record the Secretary-General’s response to a UNAT order requesting information. The UNAT found that the UNDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...
The UNAT dismissed the interlocutory appeal as not receivable on grounds that the UNDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The UNAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier UNAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The UNAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...
As to the appeal against the UNDT’s Order for expungement of the impugned documents from its case file, UNAT found that it was receivable because, unless the documents were preserved for use at trial, they might be lost with the consequence that the Secretary-General would be unable to use them to establish his allegations of forgery and fraud as he was entitled to. UNAT found that the UNDT’s Order was, in this respect, effectively irremediable; that this would be a manifestly unreasonable consequence of the Order for the Secretary-General; and that the circumstances were so rare and...
UNAT dismissed the appeal. As a preliminary matter, UNAT denied AAB's request for an oral hearing on grounds that there was no need for further clarification since the factual and legal issues arising from the appeal had already been clearly defined by the parties, and an oral hearing would not assist in the expeditious and fair disposal of the case. UNAT dismissed AAB's claim that her right to a fair trial before the UNDT had been violated because, since the application was found not to be receivable, and she was denied the opportunity to file a rejoinder. UNAT noted that there is no...
