Referral for accountability

The UNAT held that the absence of a case management discussion and an oral hearing before the UNDT was not a procedural error.

The UNAT found that the UNDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred.  The UNAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant’s objective...

Mr. Bwalya appealed.

The UNAT found that Mr. Bwalya had not demonstrated that the UNDT erred in finding that it had been established by clear and convincing evidence that he had committed misconduct by instructing a UNDP staff member to forge a backdated Memorandum of Understanding between the Ethiopian Ministry of Agriculture and the private firm Digata and to make a misrepresentation in a second document, intentionally acting to avoid or deviate from UNDP’s Financial Regulations, Rules and Procedures through the creation of these documents, and demonstrating favouritism in the award of a...

The crucial question on appeal was whether the UNDT committed any error when it only referred for accountability the Chief of Investigations of OIAI but not the ED and other staff members of UNICEF.  The UNAT held that there was no error in the UNDT judgment, because it was within the Dispute Tribunal’s discretion to reject the applicant’s request for referral. The UNDT’s legal approach was correct. The UNDT decided not to refer the ED of UNICEF for accountability because it was not shown that she had had any influence in the handling of applicant’s complaint. Ms. Dettori also did not show on...

UNAT denied the Appellant’s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure.  UNAT held that the UNDT did not err in striking the evidence filed with the Appellant’s closing submissions or in refusing to hear the Appellant’s supervisors as witnesses. UNAT held that there was clear and convincing evidence that the Appellant used the UNHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

The UNAT held that the UNDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The UNAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The UNAT found that the staff member’s due...

The Secretary-General's appeal challenged the UNDT order referring the maternity leave decision for accountability. UNAT found that the UNDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the UNDT exceeded its competence since the maternity leave decision had not been challenged before the UNDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...

The management evaluation response was sent to the Applicant on Friday, 7 May 2020, at 10:51 a.m., New York time (EDT), which was 5:51 p.m. in East Jerusalem and Ramallah. UNDP sent the RME Response after working hours in the duty station, at the start of the Applicant’s weekend (which was Saturday and Sunday), and during the traditional weekend in the oPt which is Friday and Saturday. The UNDT therefore determined that the first full day of the delivery of the email was 8 May 2020, which means that the 90-day count under art. 8.1(d)(i)(a) of the UNDT Statute started from 9 May 2020. The...

UNAT held that UNDT has the power to, as it did, refer a matter to the Secretary-General for investigation under Article 10(8) of the UNDT Statute. UNAT dismissed the appeal and held that all language in the UNDT judgment was obiter dictum or surplusage, except for the order itself, which UNAT affirmed in its entirety.

Accountability Referral: The UNAT affirmed the UNDT referral for possible action to enforce accountability.

UNAT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. UNAT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the UNDT decision under appeal. UNAT held that the Appellant, consequently, failed to establish that UNDT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. UNAT held that the evidence...

UNAT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by UNDT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of UNFPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the UNFPA Headquarters Contracts Review Committee, in violation of further norms. UNAT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. UNAT held that UNDT correctly declined to accept...