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The UNAT found no error in the UNDT’s reliance on the communication between the staff member and her attorney when it established that she had submitted false information in her claims for reimbursement for medical expenses. The UNAT noted that her attorney had voluntarily submitted the privileged document as an attachment to her application. The UNAT observed that she had not imposed any limitations or reservations on the UNDT’s use of the document and had referred to it on multiple occasions in the course of the proceedings. The UNAT agreed that she had waived her right to confidentiality...

The UNAT held that, Mr. Lago’s reliance on additional evidence without filing a motion, was inadmissible.

The UNAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored.  Additionally, Mr. Lago’s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision. 

The UNAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...

The UNAT found that the UNDT had appropriately dismissed Ms. Yu’s application as not receivable ratione temporis.  The UNAT emphasized that because Ms. Yu’s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the UNDT is located, and therefore, Ms. Yu missed the deadline by one day.

The UNAT rejected the new arguments and evidence related to the mediation process submitted to the UNAT for the first time.  Even if these were considered, the UNAT concluded that the mediation did not pertain to the contested decision and therefore did not...

The UNAT found that an objective reading of the staff member’s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The UNAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The UNAT therefore held that the UNRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...

The UNAT held that the decision to cancel the appointment process and initiate a new process was one which fell squarely within the discretionary authority of the Administration. Given that a new appointment process had been embarked upon, there was no longer any administrative decision alleged to be in non-compliance with AAP’s terms of appointment or contract of employment. Any dispute concerned with the initial appointment process was moot in the sense that there was no live issue in dispute which required determination by the UNDT. The UNAT held that the UNDT correctly dismissed AAP’s...

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...

The UNAT considered an appeal by the participant in the Fund.

The UNAT found that the facts suggest that the participant’s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant’s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

The...

The UNAT held that the UNRWA DT correctly exercised its broad discretion with regard to its case management in concluding that the record before it was sufficient to render a decision without an oral hearing.  It concluded that the Appellant has not presented any grounds as to why an oral hearing would have been necessary and thus did not show that the UNRWA DT exercised its discretion in such manner as to affect the outcome of the case, as required by Article 2(1)(d) of the Appeals Tribunal Statute.

With regard to the Appellant’s argument that the non-selection decision was unlawful because...

The UNAT held that the staff member was responsible for having agreed that the UNDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the UNDT could nevertheless have held a hearing. The UNAT found that the UNDT was entitled to conclude on the complainant’s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The UNDT was entitled to conclude that this was an...

The UNAT dismissed the appeal. The UNAT held that the UNDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The UNAT agreed with the finding of the UNDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The UNAT further found that given the nature and the specific facts surrounding Mr. Reiterer’s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...