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The UNAT held that the UNDT erred in finding that ST/SGB/2003/13 imposes a requirement of “undue advantage” for sexual exploitation to occur.  The UNAT further found that the former staff member abused the position of vulnerability of V01 for sexual purposes (i.e., engaging in at least four acts of sexual intercourse), which constitutes sexual exploitation and abuse.  The UNAT emphasized that the UNDT itself acknowledged that V01, allegedly a minor, was vulnerable and less powerful than the former staff member, and that his actions had a sexual connotation.  Therefore, the UNAT held that the...

The UNAT held that because the possible error in the assessment of the facts by the UNDT had no bearing on the outcome of the case, the Secretary-General’s cross-appeal could not be received.

The UNAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying “no” to the question whether he had “ever been indicted, fined or imprisoned for the violation of...

The UNAT held that the UNDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The UNAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The UNAT found that the staff member’s due...

The UNAT held that the staff member’s argument that the UNDT applied the incorrect standard of proof is unsubstantiated, as the main facts of the case were undisputed by both parties. She had admitted having used �山����Womens’ UPS account to send two private shipments abroad, without mentioning any prior authorization. The aggravating and mitigating elements reviewed by the UNDT were by nature peripheral to the sanction imposed. The UNAT found that even if it was not appropriate for the Administration to use a prior act of possible misconduct as an aggravating factor (as it was not previously...

UNAT considered an appeal by the Secretary-General. UNAT held that it could not sustain the conclusion of UNDT that Mr Koutang’s actions did not amount to misconduct. UNAT held that the sanction imposed was not unreasonable, absurd, or disproportionate and, as such, UNAT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters. UNAT held that UNDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. UNAT allowed the appeal and vacated the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a �山����list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. UNAT held that, in ruling otherwise, UNDT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

UNAT considered an appeal by the Secretary-General. UNAT held that the weight of the evidence, in that case, justified the decision taken by UNICEF. UNAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to UNAT’s satisfaction that...

UNAT considered appeals by both the staff member and the Commissioner-General. UNAT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. UNAT held that termination was not disproportionate to the offence, taking into account that the staff member’s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. UNAT held that UNRWA...

UNAT considered an appeal of judgment No. UNDT/2013/151 by the Secretary-General. As a preliminary matter, UNAT held that UNDT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and UNAT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. UNAT held that UNDT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by UNAT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

UNAT held that UNDT had committed various errors of law, fact, and procedure. UNAT held that the whole reasoning of UNDT was misconstrued and UNDT did not properly examine the lawfulness of the disciplinary sanction. UNAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of UNFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another UNFPA vendor. Further, UNAT held that there was...