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UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. UNAT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. UNAT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. UNAT...

UNAT considered an appeal by the Secretary-General against judgment Nos. UNDT/2011/209 (on liability) and UNDT/2012/062 (on relief). UNAT held that there was no evidence to support the UNDT’s conclusion that, had the UN Staff Pension Committee (UNSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. UNAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. UNAT held that...

UNAT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. UNAT noted that it was well within the discretion of UNDT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. UNAT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. UNAT held that UNDT did not err in awarding moral damages of USD 25,000. UNAT held there was no merit in...

As a preliminary issue, UNAT held that UNRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. UNAT held that another significant irregularity took place during the proceedings before UNRWA DT, in light of which UNAT was compelled to annul the judgment and remand the case for a de novo consideration by a different UNRWA DT Judge, namely that UNRWA DT committed an error in procedure when it denied the Appellant’s request for a copy of the...

UNAT held that the Appellant did not identify any evidence that contradicted the findings of UNDT regarding the abolition of her post. UNAT recalled the broad discretion of UNDT to determine the admissibility of evidence and the discretion of UNDT to decide whether the presence of witnesses is required and to limit oral evidence. UNAT held that the Appellant failed to demonstrate that UNDT erred in declining to hear the proffered evidence. UNAT held that UNDT erred in law in allowing testimony to be given at its hearing that was neither sworn, affirmed, nor made under a promise to tell the...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT dismissed Ms Guzman’s Motion to file an Addendum to Answer the Secretary-General’s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by UNAT. On the merits, UNAT found that UNDT’s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman’s amended Motion of...

As a preliminary matter, UNAT denied the Appellant’s request for an oral hearing. UNAT then considered the Appellant’s claims that the facts were not established by clear and convincing evidence, that there were procedural flaws during the disciplinary proceedings, and that his separation from service was not warranted. UNAT held that clear and convincing evidence showed that the Appellant harassed all the alleged victims and abused his authority, in violation of WFP’s Harassment Policy. UNAT also held that UNDT correctly found that the sanction of separation from service was proportionate...

UNAT considered the Secretary-General’s appeal regarding whether UNDT erred in ordering both an extension of Mr Sannoh’s appointment and payment of a termination indemnity. UNAT noted that UNMIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member’s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...