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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...

The UNAT held that the UNDT erred in finding the staff member’s challenge to the non‑installation of dependents receivable because the request for management evaluation was filed outside the mandatory 60‑day deadline under Staff Rule 11.2(c). The UNAT found that Article 8(3) of the UNDT Statute prohibits waiving or suspending this deadline and that the UNDT acted beyond its jurisdiction by deciding that the Administration had waived the timeliness argument.

The UNAT further held that the UNDT did not err in concluding that the denial of the optional reduced non‑family service allowance was...

The UNAT held that the UNDT properly exercised its discretion in excluding the former staff member’s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the UNDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the UNAT concluded that the UNDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01’s allegations, the UNAT found that the UNDT improperly explained away...

The UNAT held that the appeal was timely, as Article 11(5) of the UNRWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.

On the merits, the UNAT found that the UNRWA DT correctly identified the Agency’s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the UNAT...

The UNAT held that the UNDT correctly determined that the former staff member’s claims for compensation under Appendix D based on UNAMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The UNAT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.

The UNAT further held that the UNDT erred in reviewing the merits of the x‑ray machine injury claim while a medical board review was pending. The UNAT found that both elements of the Appendix D claim were premature and should have been declared...

The UNAT held that the UNDT erred in dismissing both applications as not receivable. Regarding the first application, UNAT found that the Settlement Agreement encompassed all disciplinary sanctions imposed on 9 December 2022, including the deferment of eligibility for salary increment. Therefore, the UNDT was wrong to conclude that the deferment was outside the scope of the Agreement and that the Agreement had been fully implemented. The application for enforcement was properly receivable.

As to the second application, UNAT held that the Administration’s interpretation of the Settlement...

The UNAT held that the UNDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender‑sensitivity training. The UNAT found that the UNDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member’s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The UNAT held that the UNRWA Dispute Tribunal did not err in concluding that the former staff member’s misconduct was established and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate under the Agency’s regulatory framework. The UNAT emphasized that fraud and collusive practices are considered areas of high concern and that misconduct committed by a person in a position of trust, such as a member of the Provident Fund Loans Committee, warrants a severe sanction.

The UNAT further held that the UNRWA...

The UNAT determined that the decision to maintain the staff member’s performance rating “C – Partially meets expectations” constituted a reviewable administrative decision that had direct legal effect on his employment. It observed that under the applicable legal framework, a rating of “Partially meets expectations” justifies a determination that a salary increment is not warranted, and that the increment shall be withheld pending the outcome of a PIP. The UNAT considered these consequences to be disadvantageous effects resulting directly from the rating.

The UNAT also concluded that the...

The UNAT held that the UNDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other UNHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The UNAT held that the former staff member’s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the UNAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...