The UNAT held that the UNDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance. The UNAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard. The UNAT observed that he had received “partially meets performance expectations” for two performance cycles, and “does not meet expectations” for the most recent performance cycle. He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...
The UNAT held that the Inspector General’s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The UNAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.
The UNAT...
The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that the UNDT correctly held that Mr. Qasem's application before the UNDT challenging the decision to place him on administrative leave with pay was filed untimely and was therefore not receivable ratione temporis. Furthermore, his application contesting the decision to conduct various investigations of him was not receivable ratione materiae in the absence of a request for decision review.
The Tribunal found that the Applicant engaged in multiple actions which amounted to serious misconduct. Therefore, his conduct not only displayed a serious failure to uphold the minimal standards of integrity conferred on an international civil servant, but it also displayed a flagrant disregard of the rules of the Organization. The Applicant’s conduct undermined the trust and confidence placed in him by UNICEF. Such trust and confidence are essential for the continuation of an employment relationship. In these circumstances, the Tribunal considered that it was appropriate for UNICEF to end...
The UNAT held that the terms of the impugned Judgment were sufficiently clear and unambiguous to be enforceable, and consequently, the former staff member’s application was not receivable. In particular, the UNAT found that there was no ambiguity concerning the correctness of the grounds for and the nature of the disciplinary measure taken by the Administration against the former staff member.
Similarly, the UNAT held that the reasoning regarding the referral of the case to the High Commissioner for possible action to enforce accountability was clear and unambiguous. However, even if the...
The UNAT held that by requesting management evaluation of the negative outcome of the reclassification process, the staff member breached procedural prerequisites. Instead, he should have appealed the contested decision as laid down in Sections 5 and 6 of ST/AI/1998/9 (System for the classification of posts). As the staff member’s application was not receivable, the UNAT found that it could not consider his submissions and additional evidence concerning the merits of the case. The UNAT denied the staff member’s request for compensation in light of its decision to affirm the impugned...
The UNAT found that an objective reading of the staff member’s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The UNAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The UNAT therefore held that the UNRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...
The UNAT held that a procedural flaw occurred during the recruitment process due to the inappropriate screening of educational requirements. Specifically, the UNAT highlighted that the Hiring Manager failed to verify if the candidates’ degrees were in fields related to Supply Chain Management, business administration/management, instead considering all of them eligible in respect of educational requirements. Nevertheless, highlighting that the former staff member was, unlike 16 other candidates, neither recommended for the position, nor rostered for future similar vacancies, the UNAT held...
The UNAT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.
The UNAT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates’ suitability for the post instead of seniority, compelling reasons...
The Tribunal recalled that under art. 2.1(a) of its Statute, it is competent to hear and pass judgment on an appeal from “an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment”. The Appeals Tribunal explained that this provision establishes a “jurisdictional precondition of an immediate, direct, and adverse impact” of the challenged administrative decision upon the staff member.
Having examined the record, the Tribunal concluded that, in this case, there was no showing of such adverse impact on the Applicant. Accordingly...