Disciplinary

The UNAT found that the UNDT made several errors of law and of fact leading to a manifestly unreasonable outcome. 

In particular, the UNAT found that the UNDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General’s witnesses. The UNDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation’s findings. The UNAT found that the UNDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The UNAT first concluded that the UNDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence.  Second, the UNAT held that the UNDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability.  The UNAT held that the UNDT erred when it made this finding without any independent or medical evidence, and that the UNDT had relied on its own Internet research regarding various...

The UNDT was faced with two irreconcilable versions of the case, and thus it was necessary for the UNDT to satisfy itself on the credibility and reliability of the various factual witnesses and probabilities. This task was made especially difficult for the UNDT since the relevant witnesses did not present their evidence in person. In this case, the evidence presented by the Secretary-General was of an exceedingly limited nature and value. The Secretary-General relied exclusively on the contents of the written report of the OIOS investigation, which was entirely hearsay and, in some instances...

The Applicant claims that the preliminary assessment of her complaint was flawed, for not taking into consideration the totality of the evidence, and that OIAI was biased and applied an illusory standard to the level of gravity involved in the alleged harassment and abuse of authority.

However, notwithstanding the number of allegations made by the Applicant, the Tribunal notes that no evidence was provided to support a finding that the contested decision is illegal, unreasonable or improper, nor that the preliminary assessment was flawed.

On the contrary, it is clear that OIAI did in fact...

The situation of the present case is that only two persons, namely the Applicant and AA, were present when the alleged sexual abuse occurred, and they have presented contradictory witness testimonies. As the case involves termination, the question for the Tribunal to determine is therefore whether the Respondent has established with clear and convincing evidence that the factual background upon which the disciplinary sanction is well-founded. This means that AA’s testimony is highly probable whereas, in consequence, the Applicant’s testimony is not reliable.

With reference to the Tribunal’s...

The essential question for determination on appeal is whether the UNDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...

The Appellant contested the UNDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. UNAT held that if the Administration does not comply with a Tribunal’s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. UNAT affirmed the UNDT finding that the Administration’s decision must be deemed unlawful, as the Secretary-General refused to comply...

UNAT noted that V01 had not been placed under oath before giving her interview and that she did not sign the transcribed version of her interview statement. UNAT held that V01’s transcribed statement, in which she said that the Appellant had raped her and engaged in sex with her, was neither reliable nor trustworthy; it was solely hearsay and insufficient, by itself, to prove the charge that the Appellant engaged in sexual activity with a minor. UNAT held that similarly the other written documents were replete with hearsay and multiple hearsays and were neither trustworthy nor sufficient to...

UNAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. UNAT held that the Commissioner-General’s cross-appeal was receivable. UNAT agreed with the findings of UNRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. UNAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

UNAT held that it was not appropriate to adjudicate the ICAO Secretary-General’s motion regarding the Appellant’s claims impugning the AJAB’s functioning as the ‘Neutral First Instance Process’ at that stage since the issues raised in the motion would be decided when UNAT had considered the whole of the evidence in the appeal. UNAT dismissed the motion. UNAT held that AJAB had given a very thorough, fair, and informed consideration of the Appellant’s case in which it examined the irregularities alleged. UNAT rejected the Appellant’s submission that AJAB erroneously admitted eight previously...