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The UNAT held that the UNDT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented. 

Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member’s admissions, the UNAT found the Complainant’s account of events credible.  It concluded that the former staff member’s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment.  It...

The UNAT held that the UNDT acted within its discretion by issuing the impugned Judgment without holding an oral hearing, especially as the issue for consideration was one of receivability.  The UNAT also held that the UNDT did not err in failing to give the staff member an opportunity to comment on the Secretary-General’s reply as he did not file a motion for additional pleadings.

The UNAT found that the UNDT correctly identified that the contested decision was the Administration’s decision not to reclassify his position.

The UNAT held that the staff member should have appealed the...

The UNAT held that a procedural flaw occurred during the recruitment process due to the inappropriate screening of educational requirements.  Specifically, the UNAT highlighted that the Hiring Manager failed to verify if the candidates’ degrees were in fields related to Supply Chain Management, business administration/management, instead considering all of them eligible in respect of educational requirements. Nevertheless, highlighting that the former staff member was, unlike 16 other candidates, neither recommended for the position, nor rostered for future similar vacancies, the UNAT held...

The UNAT held that by requesting management evaluation of the negative outcome of the reclassification process, the staff member breached procedural prerequisites.  Instead, he should have appealed the contested decision as laid down in Sections 5 and 6 of ST/AI/1998/9 (System for the classification of posts).  As the staff member’s application was not receivable, the UNAT found that it could not consider his submissions and additional evidence concerning the merits of the case.  The UNAT denied the staff member’s request for compensation in light of its decision to affirm the impugned...

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 held that the UNDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance.  The UNAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard.  The UNAT observed that he had received “partially meets performance expectations” for two performance cycles, and “does not meet expectations” for the most recent performance cycle.  He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...

The UNAT noted that the staff member had telecommuted from his home country for the entire academic year. The UNAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The UNAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...

The Tribunal observed that a review of the evidence in this case indicated that the panel’s assessment of the Applicant’s interview was proper. Accordingly, the Tribunal held that the Applicant received full and fair consideration and that the Administration followed all applicable procedures.

The Tribunal concluded that the promulgation of ST/AI/2018/Rev.1/Amend.1, which restrictively redefined enrolment-related fees, did not conform to General Assembly resolution 70/244. As such, its promulgation was an abuse of the Administration’s discretion and its application in reviewing the Applicant’s education grant for her son was unlawful.

Accordingly, the Tribunal held that the Applicant was correct in that the fees that she claimed were admissible as tuition, in addition to being enrolment-related. Thus, the decision to deny reimbursement for those fees was unlawful.

The Tribunal...

The decision to have the Applicant consent to an Independent Medical Evaluation ("IME") was reasonably taken in the interest of the Organization.

The Tribunal held that there was no unlawful behavior by UNHCR in following and implementing the recommendations arising from the IME. The decision was rational, procedurally correct and appropriate.