2019-UNAT-952, Rolli

UNAT Held or UNDT Pronouncements

UNAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. UNAT held that because the factual basis for the JAB’s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. UNAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice or extraneous facts, no decision was taken by the JAB on the legal question of whether the summary dismissal of the Appellant was lawful, reasonable, and procedurally fair. UNAT held that the final decision was taken by the Secretary-General of WMO, who, as the employer, was not a neutral body. UNAT held that the appeal could not be determined without additional fact-finding that may require oral testimony in relation to several material issues. UNAT remanded the case to the JAB for reconsideration of the appeal and for the JAB to make various essential factual and legal determinations, which it listed, directing that its findings must be substantiated on proper evidence and be set out in a written decision determining the ultimate issue. In addition to these determinations, UNAT directed the JAB: (1) to make a substantiated finding regarding the allegation that the Appellant’s termination was imposed by the Secretary-General of WMO for improper reasons and as an act of retaliation for the Appellant’s efforts to ensure transparency and better practice; and (2) to take a decision on whether the termination of the appointment complied with the terms of the Appellant’s appointment and whether it is a proportional disciplinary measure.

Decision Contested or Judgment Appealed

WMO Decision: The Secretary-General of WMO summarily dismissed the staff member for serious misconduct, a decision which was taken following a recommendation of the WMO Joint Appeals Board (JAB).

Legal Principle(s)

A neutral first instance process that includes a written record and a written decision providing reasons, fact and law is a statutory prerequisite to the conclusion of a special agreement with a specialized agency in which it agrees to accept and submit to the jurisdiction of UNAT. The process of fact-finding is reserved by the statutory scheme to the first instance body. The Secretary-General of the World Meteorological Organisation (WMO), as the employer, is not a neutral body.

Outcome
Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.