Article 18.1

1. The Tribunal noted that the Applicant had previously raised the same issue before both the Dispute Tribunal (Fultang UNDT/2022/102) and the Appeals Tribunal (Fultang UNAT-2023-1403). The Dispute Tribunal had found the documents in question admissible. The Appeals Tribunal affirmed this finding. 2. The Tribunal, therefore, held that since the issue had been fully litigated by the parties previously, it was subject to the doctrine of res judicata. Thus, the subject documents were deemed admissible in the proceedings. 3. The Tribunal further concluded that even if...

The UNAT held that the UNDT erred in suggesting that it was the former staff member’s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The UNAT further held that the Administration’s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration’s prerogative to make regarding the judicial proceeding. The...

The UNAT held that the staff member knew all the relevant facts and was sufficiently made aware and properly notified of the contested decision by at least 18 May 2023 for the purpose of filing a timely request for management evaluation. However, the staff member did not file his request for management evaluation until 16 September 2023, which was beyond the 60 day time limit.

The UNAT observed that the subject line of the e-mail exchanges in August 2023 between the Administration and the staff member, were requests “to clarify” the basis of an administrative decision that had been taken...

The UNAT held that the UNDT acted correctly by conducting a judicial review of the case.

It found that the UNDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020. While Ms. V’s testimony alone would have been sufficient in this context, the UNAT noted that it was corroborated by colleagues who were...

A staff member’s duty to abide by managerial instruction lies at the heart of employment relationships and the Tribunals are expected to accord a measure of deference to managerial authority, including in setting performance standards (see, Applicant 2020-UNAT-1030, para. 34).

The Applicant has not demonstrated any procedural or substantive breach of his rights. In the absence of any evidence that the performance standards applied by UNICEF are manifestly unfair and irrational, the Tribunal cannot substitute its decision for that of the decision-maker to overturn the contested decision.

Accordin...

The UNAT considered an appeal by the Secretary-General.

The UNAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The UNAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The UNAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...

Mr. Bwalya appealed.

The UNAT found that Mr. Bwalya had not demonstrated that the UNDT erred in finding that it had been established by clear and convincing evidence that he had committed misconduct by instructing a UNDP staff member to forge a backdated Memorandum of Understanding between the Ethiopian Ministry of Agriculture and the private firm Digata and to make a misrepresentation in a second document, intentionally acting to avoid or deviate from UNDP’s Financial Regulations, Rules and Procedures through the creation of these documents, and demonstrating favouritism in the award of a...

UNAT upheld the UNDT’s conclusion that the Administration’s decision not to set up a fact-finding investigation panel against Mr. Yavuz’s FRO and SRO was lawful, as the incidents described in Mr. Yavuz’s complaint did not provide sufficient grounds they had engaged in prohibited conduct (harassment, abuse of authority) but fell in the realm of workplace disagreements. UNAT found that Mr. Yavuz did not show that the incidents mentioned in his complaint with regard to the conduct of his FRO and SRO were in any way motivated by any of the characteristics or traits (or similar) listed in Section 1...

Scope of judicial review and the contested decision The Applicant described the contested decision as a failure to implement “measures to promote a harmonious work environment and protect personnel from prohibited conduct through preventive measures”. As remedies, the Applicant sought damages for moral harm and emotional distress resulting from the Administration’s breach of its duty to ensure a harmonious work environment. Accordingly, the Applicant seeks to contest the Administration’s failure to take appropriate measures to promote a harmonious work environment and protect him from...

As a preliminary issue, UNAT held that UNDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. UNAT held that the Appellant failed to demonstrate that UNDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. UNAT held that UNDT did not err by failing to order the Appellant’s...