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UNAT considered an appeal by the Secretary-General. UNAT held that the allegation that UNDT usurped its discretion by failing to show due deference in substituting its own preference of sanction for that of the Secretary-General was overstated. UNAT held that UNDT had correctly balanced the competing considerations and concluded reasonably that the cumulative imposition of a written censure and the loss of two steps in grade were disproportionate to the misconduct. UNAT found that UNDT did not misdirect itself in accepting as mitigating factors the fact that Appellant had lost all his...

On the delay before UNDT, UNAT agreed that the delay was unfortUNATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. UNAT held that UNDT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. UNAT held that UNDT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. UNAT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

On the Appellant’s claim that the UNDT Judge was biased, UNAT held that the Appellant’s specific allegations were not made out and any missteps in the conduct of the hearing did not warrant interference with the result. On the Appellant’s claim that his supervisor harassed him to the extent that his actions were mitigated substantially, UNAT held that even if the Appellant established that there was a dysfunctional relationship between him and his supervisor, this could not have had the effect of mitigating his actions significantly, such were the scale and duration of his misconduct. UNAT...

UNAT held that the evidence was clear and convincing that the Appellant was under the influence of alcohol when he got into his car before the accident occurred and that the UNDT erred in concluding otherwise. UNAT held that his conduct was in violation of Staff Regulation 1.2(f) and the MINUSMA Code of Conduct. UNAT held that: there was no evidence on record that the Appellant was authorised to carry his firearm while off-duty; that, on the contrary, the evidence on record showed that normally security guards did not carry their weapons off-duty; and UNDT erred in finding that the charge of...

UNAT considered an appeal by the Secretary-General of the United Nations. UNAT held that Mr. Khamis’ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ‘open’, relationships. UNAT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. UNAT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...

UNAT considered an appeal by Ms. Modey-Ebi. UNAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. UNAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

UNAT granted the appeal by the Secretary-General and vacated the UNDT Judgment.

UNAT held that UNDT’s finding that the challenge to the decision by the Secretary-General not to waive Mr Dolgopolov’s immunity was not receivable on the ground that it was an executive/political decision is incorrect. UNAT held, however, that UNDT was correct in finding Mr Dolgopolov’s applications not receivable, but for other reasons. UNAT held that Mr Dolgopolov’s applications were not receivable, because he did not refer the impugned decision regarding his request to sue the Ukrainian Ambassador to management evaluation, and the decision in respect of G-4 visa restrictions imposed by the...

It was not disputed that the Applicant borrowed money from a Sales Manager working in a company doing business with MONUC. In the light of the applicable law and in particular the financial and procurement rules, the Tribunal found that misconduct had been properly established. Nonetheless, the Tribunal found a certain number of mitigating factors such as the fact that he repaid the loan in full and that it was a “one-off decision”. Therefore, the Tribunal took the view that the sanction was not proportionate.

The Tribunal held that since summary dismissal/termination may have been the possible outcome at the end of the disciplinary process, the Respondent had to establish by clear and convincing evidence that the daily casual worker (Mary) was transferred to MovCon as a result of the alleged sexual relationship between her and the Applicant. The Tribunal concluded that the facts upon which the disciplinary measure was based were not established and that the facts which were established did not legally amount to misconduct under the Regulations and Rules of the United Nations. Consequently, the...