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UNAT considered appeals by both the Secretary-General and Mr Bastet. UNAT held that the disciplinary measure was regularly adopted by an individual properly vested with the delegated authority to make that decision and that therefore, the imposition of the disciplinary measure was valid and its rescission as ordered by UNDT had to be vacated. UNAT upheld the appeal from the Secretary-General, accepting the argument that Staff Rule 10. 1(c) expressly provided that the authority to impose disciplinary measures was vested in the Secretary-General or officials with delegated authority and did not...

The Secretary-General appealed. UNAT held that UNDT erred in law when it found that there was a breach of Mr Elobaid’s due process rights, as Mr Elobaid was correctly apprised of the allegations against him, which could lead to administrative action, and was afforded the opportunity to make representations against the measure taken. UNAT held that UNDT erred in fact, resulting in a manifestly unreasonable decision, when it assumed that the reprimand originated from Mr Ward, of the Chief Programme Support and Management Services at the Office of the High Commissioner for Human Rights, who...

UNAT considered an appeal by Mr. Kennedy. UNAT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, UNAT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.

The staff member appealed to UNAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the UNICEF job. UNAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an “official act” and as such carried with it “the presumption of regularity”. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...

Assessment of prima facie unlawfulness: In the course of suspension of action proceedings sufficient proof of the facts must be presented in view of the strict time limits governing the suspension of action procedure.

The Applicants argue that the facts were not established and that their actions did not amount to misconduct, since they were acting in self-defense or in defense of someone else. The Tribunal noted that video evidence, i.e. hotel security camera footage, constituted the only reliable evidence to establish the facts in the instant case and concluded that the Applicants, who were on an official mission at the material time, initiated the dispute and the physical altercation and did not act in self-defense when they assaulted a security guard. Accordingly, the UNDT found that the facts...

The Tribunal found that the Applicant’s due process rights had been respected, that the facts on which the disciplinary measure was based were established and amounted to misconduct, and that the disciplinary measure was proportionate to the offence, and rejected the application. Misconduct: Under the relevant rules, misrepresentation, forgery or false certification in connection with an official claim or benefit—which can include failure to disclose a fact material to that claim or benefit—can be “wilful, reckless or grossly negligent”. Gross negligence is defined as “an extreme or aggravated...

The Tribunal found that the Applicant did not contest an administrative decision, since the decision to close the case had no direct legal consequences for the Applicant. Administrative decision: While staff members have a duty to report possible misconduct, a decision by the Organization not to investigate the matter does not have direct legal consequences on the contractual rights of the staff member, unless the complaint made by the staff member was one of harassment under ST/SGB/2008/5.

The Tribunal found that it was established by clear and convincing evidence that the Applicant had had sexual intercourse with two persons under the age of eighteen and that the sanction of dismissal, together with a fine, were proportionate to the established misconduct. This conclusion was independent from the outcome of the judicial proceedings before the national courts of Kosovo with respect to the violation(s) of the CCK. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine(1) whether the facts on which the disciplinary measure was...

Scope and standard of review Although the Applicant raised a number of arguments related to the non-renewal of his fixed-term appointment and seeks remedies consequent to this decision, the decision not to renew the Applicant’s fixed-term appointment is not properly put before the Tribunal and does not fall within the ambit of the judicial review in the present case. In any event, the Applicant is time-barred from challenging his separation from service. He was separated from service on 28 July 2014 and he did not submit a request for management evaluation of that decision within the 60-day...