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UNAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. UNAT held that the Commissioner-General’s cross-appeal was receivable. UNAT agreed with the findings of UNRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. UNAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

UNAT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. UNAT was satisfied that the AJAB had considered all relevant evidence to the issues. UNAT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.

UNAT rejected the request for an oral hearing. UNAT held, noting that the Appellant appeared to be restating the same claims she made before UNDT, that she did not identify any grounds for her appeal nor demonstrate that UNDT committed any error of fact or law in arriving at its decision. UNAT held that UNDT fully and fairly considered the case, without errors of law or fact. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered the Secretary-General's appeal, specifically as to whether UNRWA DT’s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, UNAT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. UNAT held that there was no room for UNRWA DT to substitute its decision...

UNAT considered the appeal. UNAT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to UNDT only challenged the decision to terminate his appointment in 2014. UNAT agreed with UNDT’s holding that there was no nexus between the reassignment and the abolition of the Appellant’s post. UNAT also agreed with UNDT’s finding that UNFPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. UNAT denied the Appellant’s request to overturn the impugned judgment on the sole ground of...

UNAT held that UNDT did not err that, in the circumstances of the complaints made and the importance of the Appellant’s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. UNAT held that UNDT ought not to have relied upon Morsy (judgment No. 2013-UNAT-298), Assale (judgment No. 2015-UNAT-534), and Sarwar (judgment No. 2017-UNAT-757) as it did. UNAT noted that in the Appellant’s case, not only was there a performance-related justification required to be established but no proper...

UNAT held that the ICJ had breached its duty to protect the staff member against harassment by another staff member. UNAT held that, once senior management had become aware of the incidents, it should have envisaged that similar incidents could happen in the future, and it failed to take the appropriate measures to protect its staff. UNAT awarded USD 12,500 to compensate the staff member for the harm suffered, and especially the harm to her reputation during the course of the investigations. UNAT also awarded 3,630 Euros in legal fees.

UNAT held that the Appellant was not a staff member, as he was not supported by the Secretary-General in terms of Staff Regulation 4. 1 and was not subject to the Secretary-General’s authority, but rather he was elected by the General Assembly. UNAT held that UNDT did not err in dismissing the application as not receivable ratione personae. UNAT held that UNDT correctly distinguished ILOAT judgment No. 3359, noting that the ILOAT’s jurisdiction ratione personae is broader than UNDT’s jurisdiction, in that it may be invoked by “officials”, which includes judges. Noting that the current...

UNAT held that a SPA can only be granted if the conditions of ST/AI/1999/17 are met, inter alia, that the staff member has been assigned to and discharged the full functions of a post which has been both classified and budgeted at a higher level, and that these prerequisites were not met. UNAT held that the denial of the ex gratia payment was lawful. UNAT held that the Administration did not commit any errors in exercising its discretion. UNAT held that the denial of an ex gratia payment did not violate the principle of equal pay for equal value and did not constitute discrimination. UNAT held...

As a preliminary matter, UNAT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst UNAT held that the Appellant failed to identify any errors of law or fact by UNRWA DT as required under Art 2(1) UNAT Statute, UNAT did go on to consider his appeal as he was not represented. UNAT held that UNRWA DT had correctly applied the standard of review for disciplinary cases and that UNRWA DT’s exercise...