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UNAT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. UNAT held that UNDT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. UNAT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. UNAT dismissed the appeal and...

UNAT rejected the request for an oral hearing finding that there was no need for further evidence. UNAT held that UNDT had erred in law and procedure when it did not consider the Appellant’s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. UNAT held that it was impossible for the Appellant’s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. UNAT held that the case was similar to the related case disposed...

UNAT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. UNAT agreed with the UNDT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, UNAT disagreed with the staff member that the UNDT...

The application was withdrawn by the Applicant in view of the informal resolution of the dispute.

Having considered the parties’ submissions on the matter of the appropriate relief for the Applicant, the Tribunal: (i) Orders rescission of the decision to summarily dismiss the Applicant; (ii) Orders the Respondent to reinstate the Applicant; (iii) Orders the Respondent to make good the Applicant’s lost earnings from the date of his summary dismissal to the date of his reinstatement with interest at 8% less US$ 2,600 per month for the said period; (iv) Orders that the Applicant be served a written reprimand to be filed in his Official Status File for the reasons cited at paragraph 8.1 (iii)...

The Tribunal recalled that the burden of proof lay on the Applicant and there was nothing on record to show that the contested decision was made on the ground of improper motives against the Applicant. On the contrary, it found that OCHA had acted in good faith.

The UNDT found that the decision that there was “reason to believe” that the Applicants may have committed misconduct was manifestly unreasonable, arrived at in breach of due process, and was thus unlawful. The UNDT found that the Applicants’ rights were not respected during the subsequent preliminary investigation. The UNDT found that the decision to conduct an investigation against the Applicants and the manner in which it was carried out was tainted by procedural irregularity and manifest unfairness. The UNDT found that the Applicants had engaged in protected activity, namely, reporting of...

The Applicant alleged that his due process rights were breached and that the sanction was not proportional. Upon review, the Tribunal considers that the Respondent correctly established the facts but did not fully take into account the mitigating circumstances. The sanction applied is therefore too harsh and is modified by the Tribunal. The contested decision is rescinded and the Applicant is to be reinstated. The disciplinary sanction of separation from service with compensation in lieu of notice and without termination indemnities applied to him is replaced with the sanctions of a written...

Improper motives: The Tribunal held that the non-renewal of the Applicant’s contract was motivated by improper motives in view of the fact that: (i) the Applicant’s relationship with the �山����Humanitarian Coordinator (HC), under whose leadership the Applicant was working, was hostile; and (ii) the HC and the Applicant’s deputy, who had unsuccessfully competed for the Applicant’s post, had gone to great lengths to undermine him and to tarnish his reputation with OCHA leadership.

Performance: The Tribunal held that while the Applicant may have made mistakes, shown an excessive zeal, or may have...

The Applicant contended, inter alia, that WFP breached her due process rights during the disciplinary proceedings and she did not breach any of the applicable rules. The evidence before the Tribunal sustained the Applicant’s contention that WFP’s investigators did not respect her due process rights. The ground of appeal related to the irregularity of the disciplinary proceeding is accepted and the Tribunal does not need to analyse the rest of the Applicant’s contentions. The rescission of the contested decision is, per se, a fair and sufficient remedy for the moral prejudice caused to the...