51³Ô¹Ï

The Tribunal found that the Respondent was not able to demonstrate that the facts on which the disciplinary measure was based were established by clear and convincing evidence, as otherwise required by the Appeals Tribunal in its jurisprudence.

Having found that the facts on which the disciplinary measure was based had not been established by clear and convincing evidence, the Tribunal also found that there was no established misconduct by the Applicant.

Given the finding of absence of misconduct by the Applicant, the Tribunal also rescinded the sanction imposed on him.

The UNAT held that the UNDT did not err in finding that the former staff member’s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The UNAT also determined that the UNDT did not err in awarding the former staff member compensation in lieu of two years’ net base salary. In this regard, the UNAT emphasized that the UNDT correctly considered the fact that the former staff member’s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

The UNAT held that none of the factors that the UNRWA DT considered as warranting exceptional compensation, were indeed exceptional, either individually or collectively. The UNAT found that the former staff member’s permanent staff status, his long service, his difficulties in finding subsequent employment, his status as a refugee, the unproven nature of the sexual harassment allegations, and the delays in his case, were not the type of circumstances that would warrant an exceptional compensation award. The UNAT held that the UNRWA DT erred in awarding in-lieu compensation above the...

The UNAT held that the Inspector General’s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The UNAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The UNAT...

The UNAT considered an appeal by the Secretary-General.

The UNAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The UNAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The UNAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...

The UNAT considered an appeal by the staff member.

The UNAT held that the UNRWA DT’s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The UNAT found that there was an error in the UNRWA DT’s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the UNRWA would have found her unsuitable for the role at the end of the probationary period.

The UNAT was of the view that the UNRWA DT’s methodology of fixing...

The UNAT found that the UNRWA DT did not err in its award of in-lieu compensation. It appropriately considered Mr. Fanous’ chance of selection for the post when it stated that it considered there was no guarantee of a future selection. The UNRWA DT applied a context-specific lump sum amount. It considered the likelihood of selection and Mr. Fanous’ salary at the time. It made a determination that was fair and just in the present case but also took a principled approach that considered all relevant considerations.

As to Mr. Fanous’ request for moral damages, with regard to the First and...

The UNAT considered an appeal by the Secretary-General of WMO.

The UNAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The UNAT noted that the UNDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The UNAT was of the view that WMO’s decision purporting to rescind its agreement affected the staff member’s established career and personal...

The UNAT concluded that the Dispute Tribunal had been guided by the appropriate factors in making its award of compensation in lieu. Specifically, the UNDT had considered the seniority of the staff member, the type of contract he held and the chance of being offered equivalent positions, the reasons for termination, and months of service until retirement age. In light of the UNAT’s deference to the UNDT in such matters, the UNAT found it to be an adventure in futility to re-examine these factors.

The UNAT rejected the Secretary-General’s contention that the length of the Temporary Job...

The UNAT held that the UNDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The UNAT found that the UNDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant’s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...