OAJ Categories

The UNAT held that the former staff member’s application before the UNDT was not receivable ratione temporis. The UNAT observed that the former staff member was notified of the contested decision on 30 May 2024 or, according to his own statement, no later than 5 June 2024. Accordingly, in the first scenario, the application should have been filed by 28 August 2024, and in the second scenario, by 3 September 2024. As his application was filed only on 4 September 2024, the UNAT concluded that it had been correctly found to have been submitted well outside the statutory 90-day time limit.

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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 UNDT did not err in concluding that the contested decision to close the staff member’s complaint without investigation was lawful and reasonable. The UNAT found that OIAI properly assessed the allegations and determined they lacked sufficient evidence or indicia of misconduct, and that the incidents described fell within normal performance management rather than harassment or abuse of authority.

The UNAT further held that the UNDT correctly found that disagreements over performance ratings and the implementation of a Performance Improvement Plan do not constitute...

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 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 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 noted that the Mobility AI was not a decision of “individual application” but a general instruction applicable to all staff members who entered on duty on or after 1 October 2023, as Ms. Stepanova did.

Ms. Stepanova was attempting to modify the terms of appointment or the contract of employment, by exempting herself from the application of the Mobility AI and she was therefore not challenging “non-compliance” with “the terms of appointment or the contract of employment”, which is what is required under Article 2(1) of the UNDT Statute. Accordingly, the UNAT held that her claim was...

The UNAT noted that the JAB is specifically empowered to rule on a request for suspension of action which is within its jurisdiction and competence, so there was no basis for the UNAT to consider the appeals unless and until there is a timely application from a decision on the merits. At such time, the UNAT may consider, if appropriate, the due process issues raised in the currently appeal by the former ISA staff members.

The UNAT noted that oral hearings would not assist the Tribunal with the fair and expeditious disposition of the case as there is no justification to hold oral hearings when...

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 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...