Judgment

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The Tribunal observed that unlike the Applicant’s First Reporting Officer’s (“FRO”) comments which were entirely consistent with the ePAS rating of “Successfully Meets Expectations”, the comments of the Applicant’s Second Reporting Officer (“SRO”) seriously undercut and detract from the overall appraisal rating." The Tribunal further noted that after the initial sentence recognizing that the Applicant “consistently performed her tasks and duties effectively” and commending her “ambition and dedication in her role, the SRO added seven sentences which were completely negative about the...

The Tribunal noted that the issue of contention was whether a staff member seconded to the Secretariat, from a fund or programme in the United Nations System, is “serving with the United Nations Secretariat under a fixed-term appointment” for purposes of eligibility for a continuing appointment. At the time of the contested decision, the Applicant was a staff member of UNICEF (a Programme) but serving on secondment in UNEP (part of the Secretariat).

Based on the evidence on record, the Tribunal concluded that it was clear that under the Inter-Organization Agreement and the letters of...

The Tribunal noted that by Order No. 160 (NBI/2024) issued on 9 December 2024, it directed the Applicant to provide a copy of the contested administrative decision and proof of his management evaluation request. Whereas the Applicant filed a response to Order No. 160 (NBI/2024) on 20 December 2024, he failed to provide the requested documents. The Tribunal also observed that the Applicant failed to provide the documents up to the date of the issuance of the judgment.

In line with the above, the Tribunal recalled that its Statute places on the Applicant the burden of establishing “non...

Regarding claim 1, the Tribunal held that based on the evidence on record, the Applicant did not provide any evidence that could prove any form of misconduct against the OIOS or UNIFIL officials who handled his complaint. Accordingly, claim 1 was rejected.

For claim 2, the Tribunal noted that, upon his request, via emails dated 22 August 2024 and 31 October 2024, the OIOS provided the Applicant with an explanation for the closure of his Complaint without investigation. Therefore, claim 2 was found to be moot.

Claim 3 was found not receivable. The Tribunal held that the outcome of a management...

The UNAT found that the UNRWA DT had correctly assessed the Agency’s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the UNAT agreed with the UNRWA DT’s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10. As the Appellants classified at Grade 9 did not meet this requirement, the UNAT held that the UNRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The UNAT further...

The UNAT noted that the UNDT’s findings had been based on credible evidence when it determined that the staff member’s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The UNAT was of the view that in light of the testimony of the staff member’s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the UNDT to conclude that the Administration had failed to establish the medical...

a. Regarding the first contested decision, the Tribunal established that based on the evidence on record, the Organization terminated the Applicant’s appointment under staff rule 9.6(c) due to the abolishment of the post that he encumbered. Accordingly, the Tribunal concluded that the termination of the Applicant’s permanent appointment on the basis of abolishment of his post was procedurally proper and lawful.

b. On the second issue, the Tribunal established that based on the evidence before it, the Organization had fulfilled its obligation under staff rule 9.6(c) to make reasonable and good...

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...

The Tribunal found that the 29 February 2024 decision constituted a fresh administrative decision and not a mere reiteration of the 9 August 2023 decision as argued by the Respondent.

Just as a staff member may not reset the clock by repeatedly questioning the original decision, the Organization may not freeze the clock and deprive a staff member of their right to a new decision based on new circumstances.

The substantive issue in this case was whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements. The Tribunal found that the...