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The UNAT held that the UNDT did not err in finding that the facts underlying the written reprimand were established. The UNAT agreed that Ms. Kamara-Joyner’s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for UNOMS and as President of UNPAD. The UNAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

It was established by the evidence on record that the Applicant engaged in unauthorized contacts with Member States and the EU, media outlets and social media. It was also undisputed that said external communications included allegations that the UN and its officials were involved in serious acts of misconduct and crimes of international law, including complicity in genocide.

What was left to be determined was whether the Applicant had a lawful justification for her conduct under the Protection Against Retaliation (PAR) Policy, and whether said conduct legally amounted to misconduct.

With...

The allegations that the Applicant improperly used his UNDP-issued laptop to access websites that contained pornography and other sexually explicit material and advertised escort services, has been established by clear and convincing evidence based on the investigations forensic report of his computer, the Applicant's partial admittance and several contradictions.There is also clear and convincing evidence that the Applicant engaged in three instances of unauthorised outside activities by being the Director and major shareholder of a company, and engaging in other business ventures in...

The UNAT held that there was no reason why the Appeals Tribunal should intervene and modify the UNDT’s findings, which were both reasonable and equitable. The UNAT noted that while the hiring of the casual workers was not part of Mr. Saleh’s official duties, Mr. Saleh coordinated and supervised the work of the UNHCR implementing partner which was responsible for hiring at the warehouse, and Mr. Saleh also had the function of overseeing the warehousing operations. Given these responsibilities, as well as his previous intense involvement in the setting up and management of the warehouse, which...

The Appeals Tribunal rejected AAD's request for an oral hearing because she provided no persuasive reasons in support of her request.

UNAT held that the Dispute Tribunal erred in determining whether the established facts qualify as misconduct and whether the disciplinary sanctions were proportionate. In its Judgment, the Dispute Tribunal also erred by substituting its determination of the appropriate disciplinary sanction for that of the Administration and, as such, the UNAT concluded that the UNDT Judgment must be vacated. AAD said her actions did not amount to misconduct and sought a...

As a preliminary matter, UNAT held that the Joint Appeals Board (JAB) had provided a decision as required by Article 2(10) of the UNAT Statute and therefore UNAT had jurisdiction to hear the appeal. Further, UNAT held that an oral hearing would not assist with the expeditious and fair disposal of the case as required by Article 18(1) of the UNAT Rules of Procedure and therefore denied the request for an oral hearing. UNAT held that there was no error in the JAB’s decision affirming the contested decision of wrongdoing following the Appellant’s failure to report to work and holding of...

UNAT considered an appeal by the Secretary-General. UNAT held that it could not sustain the conclusion of UNDT that Mr Koutang’s actions did not amount to misconduct. UNAT held that the sanction imposed was not unreasonable, absurd, or disproportionate and, as such, UNAT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters. UNAT held that UNDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. UNAT allowed the appeal and vacated the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a UN list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. UNAT held that, in ruling otherwise, UNDT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

UNAT considered an appeal by Mr. Mousa. On matters of procedure, UNAT found that the additional documentary evidence presented on appeal was inadmissible as Mr. Mousa had failed to demonstrate exceptional circumstances and had failed to seek leave to present such additional evidence as he was required to do in terms of Article 2(5) of the UNAT Statute. UNAT dismissed the appeal. UNAT found that that while Mr. Mousa had been disciplined for working while on sick leave from the Organization and without valid authorization, he on appeal again focused on the allegations of malpractice which had...