Article 10.4

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...

In judgment No. 2010-UNAT-050, UNAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the UNDT judgment. UNAT held that UNDT had correctly concluded that it had no jurisdiction to receive the Appellant’s appeal before the JAB. UNAT dismissed the appeal and affirmed the UNDT judgment. In judgment No. 2010-UNAT-050/Corr. 1, UNAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. UNAT rejected the Secretary-General’s submission that the appeal was...

In Judgment No. 2010-UNAT-050, UNAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the UNDT Judgment. UNAT held that UNDT had correctly concluded that it had no jurisdiction to receive the Appellant’s appeal before the JAB. UNAT dismissed the appeal and affirmed the UNDT Judgment. In Judgment No. 2010-UNAT-050/Corr.1, UNAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. UNAT rejected the Secretary-General’s submission that the appeal was...

UNAT held that UNDT did not have the power to remand the case back to the ABCC, since an order under that provision requires the concurrence of the Secretary-General to that effect. UNAT held that the only proper course for UNDT to take was either to remand the case to the ABCC with the Secretary-General’s concurrence or to consider whether the procedural flaws warranted the rescission of the impugned administrative decision. UNAT held that UNDT, by making an order to remand the case to the Administration without the concurrence of the Secretary-General, exceeded its competence and committed...

UNAT considered an appeal by the staff member arguing that UNDT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. UNAT found no error in the UNDT judgment not awarding in-lieu compensation. UNAT held that since the Secretary-General concurred with the remand in question, the claim became moot. UNAT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. UNAT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...

UNAT held that UNDT did not err in law or in fact in finding that the Appellant’s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the UNDT Statute. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the undisputed facts, the evidence of a credible report, coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the unsatisfactory statement of the staff member, and the inherent probabilities of the situation, taken cumulatively, constituted a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. UNAT noted that the Organisation is entitled to and obliged to pursue a severe approach to sexual harassment and that the message, therefore, needs...

Both parties appealed. UNAT held that UNDT was correct regarding the non-receivability ratione materiae with respect to the first three decisions. UNAT, however, disagreed with UNDT’s finding that the Administration had unlawfully delayed check-out, including his final payments and the submission of the required forms for his pension, since the period of three and a half months which was taken by the Administration to investigate and proceed with Mr Nchimbi’s “check-out” was not unreasonable in the given circumstances. UNAT upheld the Secretary-General's appeal and dismissed Mr Nchimbi’s...

UNAT found the UNDT correctly reviewed and rescinded the contested decision because of the procedural irregularities encountered during the investigation. But in addition to the procedural issues, UNAT also noted there were other significant errors. The Tribunal found that the panel erred when it sought to determine the Medical Officer’s intent during the breast examination. The panel had previously concluded that there was no clear and convincing evidence that the actions of the Medical Officer during the breast examination were sexual in nature. Referring to Section 1.3 of ST/SGB/2008/5, the...

Jurisdiction of the Tribunal: The Tribunal held that in matters relating to Appendix D of the Staff Rules it has jurisdiction to determine: (i) whether the ABCC correctly followed the procedure applicable to medical claims; (ii) whether it properly directed its mind to the relevant issues; and (iii) whether the evidence on which it based its determination was adequate or flawed. The Tribunal held that it has no jurisdiction to make any such assessment and to substitute its own evaluation for the one reached by an expert body like the ABCC. Request for reconsideration: The Tribunal found that...