UNDT Statute

The UNAT observed that the UNDT did not err in denying the staff member’s request for an oral hearing as the case record was “comprehensive” and there was “no irreconcilable dispute of facts between the parties.”

The UNAT held that the staff member’s placement on ALWP was justified, given that the staff member was provided with the names of the members of the fact-finding panel assigned to investigate her alleged misconduct, and that she was in a position to approve the consultancy contract of one of those members, which created a conflict of interest and a genuine risk of interference in the...

The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member’s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member’s UNJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...

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 there was no error of law or fact by the UNDT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The UNDT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the UNDT’s assessments of the occurrence and significance of the events. The UNDT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace...

The UNAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The UNAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The UNAT concluded that the UNDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The UNAT was of the view that it was unclear what Covid-19...

The UNAT held that the UNDT had erred by failing to grant the remedy under Article 10(5)(a) of the UNDT Statute after it had found that the disciplinary decision was unlawful. The UNDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The UNAT remanded the case to the UNDT for determination of the appropriate remedy.

The UNAT agreed with the UNDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the UNAT held that the UNDT had erred in the...

The UNAT rejected Mr. Salon’s argument that the prior UNAT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The UNAT held that Mr. Salon was not seeking clarification of the UNAT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the UNAT Statute’s provisions for an application for interpretation.

The UNAT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the UNAT Judgment was clear...

The UNAT held that the UNRWA DT did not err in finding that there was clear and convincing evidence to support that the applicant had engaged in abuse of authority by intimidating a staff member to file a false complaint of sexual harassment against another staff member. The UNRWA DT weighed the conflicting testimonies and assessed the credibility of the witnesses and found that she had a motive to solicit the false complaint.

The UNAT held that the UNRWA DT did not err in declining to review the other misconduct allegations against her, given that the abuse of authority allegation was the...

The Applicant's motion for interim measure is made in the context of a series of applications arising from decisions taken because of allegations of misconduct against the Applicant, which involved sexual harassment and sexual abuse. Such misconduct is recognized in the regulatory framework as of such gravity that it provides an exceptional basis for placing a staff member on ALWOP pending the conclusion of the investigation. The Applicant contends that, based on new information available, there is no longer any basis for a finding that there is a preponderance of evidence that he engaged in...

1. The decision by MONUSCO Human Resources to withhold the P.35 form was unlawful because the authority to withold said form is is expressly delegated solely to the USG/DMSPC. 2. The Administration failed to act swiftly in this matter. 3. The application floundered on the requirement of irreparable damage. Mere economic loss only is not enough to satisfy the requirement of irreparable damage. 4. The consequential damages that the Applicant claimed as a result of the economic loss (his alleged inability to pay for food, housing and education) are all damages that could be recovered should the...