OAJ Categories

The UNAT held that the UNDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant’s senior role.

The UNAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate’s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that “properly issued”...

The UNAT held that the only issue on appeal was whether the UNDT erred in finding the additional disciplinary sanction disproportionate and rescinding it. It emphasized that under Staff Rule 10.3(b), sanctions must be proportionate, but the Administration enjoys broad discretion in disciplinary matters, subject to judicial review for lawfulness, rationality, and proportionality.

The UNAT found that the UNDT exceeded its authority by substituting its own opinion for that of the Secretary-General. It noted that the Administration had considered all relevant factors, including the seriousness of...

The UNAT held that the staff member’s application was not receivable, as he did not file a timely request for management evaluation of the contested decision.

The UNAT observed that the staff member was notified of the contested decision on 9 November 2023. Accordingly, he had until 8 January 2024 to file his request for management evaluation, but instead filed it on 12 August 2024, more than 270 days after being notified of the contested decision. It further found that, even assuming that he was notified of the contested decision in February 2024, his request was still submitted well...

The UNAT held that the UNDT did not err in concluding that the contested decision by the OAI to close the staff member’s complaint was lawful. The UNAT found that the Administration acted reasonably in determining that the allegations lacked sufficient evidence to warrant an investigation and that the assessment process complied with UNDP’s legal framework.

The UNAT further held that the UNDT correctly rejected the staff member’s procedural arguments, including claims of bias and denial of witness testimony. The UNAT emphasized that the proposed witnesses could not have altered the established...

The UNAT held that the UNDT erred in concluding that the staff member’s actions did not constitute misconduct. The UNAT found that it had been established, by a preponderance of the evidence, that the staff member had failed to cooperate with an investigation conducted by the Office of Internal Oversight Services (OIOS), which concerned another staff member under investigation for misrepresenting his place of accommodation.

It found that the staff member had deliberately withheld information and provided generic, vague, and misleading responses during his initial OIOS interview regarding the...

The UNAT held that the UNDT correctly found that the contested decision was lawful. It concluded that the preliminary assessment of the former staff member’s complaint revealed no sufficient grounds to indicate that his FRO’s alleged unsatisfactory conduct could amount to misconduct, and, as a result, there was no likelihood that an investigation would reveal sufficient evidence to further pursue the matter as a disciplinary case.

The UNAT also found that the UNDT correctly identified the decision subject to judicial review and properly considered and rejected, as a preliminary matter, Mr...

The UNAT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the UNDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the UNDT Judgment in that same language. As he received the UNDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the UNAT held that it was filed timely.

Nevertheless, the UNAT found that the former staff member’s application before the UNDT was not receivable ratione temporis. The UNAT observed that the former staff member...

The UNAT held that the UNDT did not err in concluding that the former staff member’s application was not receivable because most of the contested decisions were either time-barred, res judicata, or did not constitute appealable administrative decisions. The UNAT found that the Advisory Board on Compensation Claims (ABCC) correctly determined that the claim for compensation under Appendix D remained time-barred under Article 2.1(b) and that the requirements for waiver under Article 2.1(e) were not met, as there was no evidence of incapacity preventing timely filing. The UNAT further held that...

The UNAT held that the staff member’s application was not receivable, as his placement on the overtime Priority Two List, rather than the Priority One List, and the consequent non-assignment of overtime to him on 10 April 2023, did not violate any regulations, rules or administrative issuances. The UNAT found that the staff member had no contractual right, nor “de facto entitlement” to perform overtime work or to select his own overtime schedule. On the contrary, it recalled that the allocation of overtime is discretionary with management. Furthermore, the UNAT observed that the...

The UNAT held that the UNDT did not err in finding that ATR’s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The UNAT noted that while Article 10(5)(b) of the UNDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.

The UNAT further held that the UNDT exceeded its jurisdiction in...