����AV

The Tribunal found unsubstantiated the alleged procecural and substantive irregularities in the lateral transfer of the Applicant to the position of CEO of GPH. The Applicant was well aware of both his lateral transfer and the business model of UNITAR, which is dependent on external funding. Also, the Applicant's letter of appointment clearly stated that his appointment was limited to availability of funds.

Moreover, the Applicant argued that, instead of being placed on SWLOP until the end of his temporary appointment, his contract should have been terminated, pursuant to para. 9(c) of AC...

The Secretary-General filed an appeal.

The Appeals Tribunal found that the UNDT exceeded its jurisdiction and erred in law when it interpreted Staff Rule 6(3)(a) as allowing Ms. Barbulescu as a commissioning mother in a surrogacy to be entitled to maternity leave contrary to the clear and unambiguous Staff Regulations and Rules. The UNDT enlarged the scope of Staff Rule 6(3) to an extent that it made a policy decision which is in the purview of the Secretary-General.  Further, the Dispute Tribunal erred in making factual findings without evidence.

The Appeals Tribunal however held that the...

The UNAT dismissed the appeal.  The UNAT found that AAL was given notice of the need for her to return to the duty station, as well as sufficient opportunity to apply for sick leave. However, she did not request such sick leave, nor did she return to work, leaving no option for the Administration other than to place her on SLWOP. She also failed to provide evidence that there were “compelling personal circumstances” so as to engender a decision to allow her to continue to telecommute from outside her official duty station. The UNAT further found that the UNDT did not err in finding that AAL...

UNAT held that the Appellant had not shown that the Secretary-General of IMO was required, under the IMO staff regulations and the staff rules, to make available to a federation of international staff associations from different organisations an IMO staff member, who was elected to a high office, for all or part of the term. UNAT held that the reference in the appeal to Staff Rule 108. 1, concerning election, composition, and competencies of the staff committee, did not apply in the case. As to the question of inter-agency cost-sharing, UNAT held that it could only establish that this had to...

The Secretary-General’s appeal and Mr Cabrera’s cross-appeal centred on the issue of whether placing a staff member on SLWFP violates their due process rights. UNAT noted that, in this case, UNDT created a new class of special leave, where the staff member was actually suspended with full pay. UNAT did not agree with the Secretary-General’s contention that UNDT erred in concluding that the Office of Internal Oversight Services’ investigation was not a preliminary investigation, as Mr Cabrera was put on leave using all the reasons under which he could be suspended. UNAT found that UNDT...

UNAT considered an appeal by the Secretary-General. UNAT held that the payment of interest awarded by UNDT on the payment of Mr Ahmed’s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, UNAT upheld the UNDT judgment and held that the matter was properly before UNDT and could not be construed as res judicata. UNAT agreed with UNDT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

UNAT held that UNDT correctly concluded that the placement of the Appellant on SLWOP enabled him to preserve his pension benefits, granted him the opportunity of remaining a staff member for the purpose of applying as an internal candidate for other positions, and made his relocation possible. UNAT held that there was no abuse of authority or deliberate attempt to harm, as argued by the Appellant, but rather the Organisation adopted a protective approach. Noting that, due to the downsizing exercise related to the Appellant’s post and his reassignment, he was not entitled to SLWFP and his...

On the alleged procedural error of the UNDT not allowing an oral examination of witnesses, UNAT held that it was well within the competence of UNDT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; UNAT dismissed this ground of appeal. UNAT held, affirming the finding of UNDT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. UNAT found no merit in the ground of appeal that UNDT failed to consider that UNHCR...

UNAT held that the Appellant had failed to demonstrate any error of law or fact committed by UNRWA DT. UNAT held that the appeal was not based on any of the grounds set out in Article 2. 1 of the Special Agreement between the United Nations and UNRWA and that UNAT, therefore, had no jurisdiction to hear the appeal. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

On the decision to postpone the separation on medical grounds, UNAT noted that a staff member had a right to be compensated for a service-incurred injury. UNAT found that UNRWA DT erred in law in determining the decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), UNAT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, UNRWA DT...