¹ú²úAV

The Tribunal noted that based on the evidence before it and not contested by the Applicant, the sanction letter was issued on 1 July 2022 and the Applicant received it on 5 July 2022. Pursuant to staff rule 11.2(b), disciplinary decisions are not subject to management evaluation. This meant that the Applicant ought to have filed his application no later than Tuesday, 4 October 2022 to comply with the 90-calendar day deadline. He filed his application on 31 January 2024, which was more than a year after the statutory deadline. Accordingly, the Tribunal found the application not receivable ratio...

The Appeals Tribunal found that Mr. Hampstead had not established that the UNDT made any errors under Article 2(1) of the Appeals Tribunal Statute.   

The UNDT correctly took note of the documented performance shortcomings over three performance cycles as well as the fact that Mr. Hampstead¡¯s performance did not improve despite the remedial measures put in place, such as two PIPs, the adjustment of output timelines, and continuous feedback, performance discussions and training that Mr. Hampstead had received over the years. The UNDT also correctly held that the Administration had followed...

The Appeals Tribunal found, in relation to the first application, that Ms. Said has produced no evidence of harm, much less of harm caused by an illegality, and therefore the request for damages was denied.

As to the second application, the Appeals Tribunal found that the investigation had been closed with no action taken, and no adverse material from that investigation had been placed in Ms. Said¡¯s Official Status File.  In the absence of an appealable administrative deciison, the Appeals Tribunal was satisfied that the UNRWA DT was correct in finding that the second application was not...

As a preliminary matter, the Appeals Tribunal found that Mr. Radu had failed to demonstrate exceptional circumstances to support his request for anonymity and accordingly dismissed his request. 

The Appeals Board dismissed Mr. Radu¡¯s appeal in relation to Appeals Board Decision No. 1.  The Appeals Tribunal found that even if the Staff Rule was to be interpreted as to require consultation with the Medical Clinic at that time, the Organization¡¯s failure to abide by the Staff Rule would not render the decision void ab initio.

Turning to the appeal against Appeals Board Decision No. 2 to...

The Appeals Tribunal found that the paucity of positive comments, compared with the overwhelmingly negative comments rendered Ms. Haydar¡¯s performance evaluation an ¡°administrative decision¡± with a direct adverse impact on her employment. The Appeals Tribunal thus found that the UNDT did not err in finding her application receivable.  

Turning to the merits of the application, the Appeals Tribunal found that by characterizing Ms. Haydar¡¯s performance as ¡°successfully meets performance expectations¡±, the Administration precluded her from contesting the appraisal through the rebuttal process...

The Appeals Tribunal found that the UNDT correctly dismissed Mr. Salon¡¯s application as not receivable on grounds that he had failed to establish that an appealable administrative decision had been taken by the Organization and that in any event, he had failed to request management evaluation.

The UNAT noted that when the staff member had moved to North Carolina, he had not enquired whether or not he was obligated to pay the income tax of that state. Nevertheless, the UNAT concluded that the Secretary-General had erred in applying a one-year time limit to his request for reimbursement of his North Carolina state income tax for 2015-2018.

The UNAT considered the language of the relevant Staff Regulations and Staff Rules, interpretative doctrines, the legal regime of staff assessment, the hierarchy of the relevant norms and the apparent intent of the General Assembly. The UNAT...

The Appeals Tribunal found, in relation to Mr. Qasem¡¯s exclusion from consideration for the Acting Head position, that the UNRWA DT erred in finding Mr. Qasem¡¯s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem¡¯s application from consideration, this irregularity had no impact on the selection decision.  Considering Mr. Qasem¡¯s performance, administrative and...

The UNAT considered the central tenet of the staff member¡¯s case, which was that he held the necessary academic qualifications for the role, but that the selected candidate did not.  The UNAT concluded that the educational specifications in the job vacancy announcement were a minimum threshold, but not the determining factor in the selection.  The UNAT held that both the staff member and the selected candidate met the threshold academic qualifications, even though they obtained them by different means.  The UNAT rejected the claim that the ITLOS should not have taken into account that the...

The UNAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the UNDT with respect to two of nine instances of alleged misconduct by the former staff member.  The UNAT further acknowledged that the Secretary-General¡¯s contention was that the UNDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.  

Nonetheless, the UNAT held that to determine the issue on appeal required more than simply an application of the correct legal test.  To reach any conclusions requires more than simply...