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The UNAT first concluded that the UNDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence.  Second, the UNAT held that the UNDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability.  The UNAT held that the UNDT erred when it made this finding without any independent or medical evidence, and that the UNDT had relied on its own Internet research regarding various...

AAA appealed and the Secretary-General cross-appealed. The UNAT disagreed with the UNDT’s position that AAA could not be required to report a rape allegation “which he heard from another person who attended court” and that Section 4.1 of  ST/AI/2017/1 “does not apply to an individual who merely hears second-hand about a case of misconduct since much of what such a person has to report would be hearsay and possibly misleading and devoid of the kind of detail the rule is seeking to elicit from the staff member”. This approach erroneously imposes a requirement that the staff member must have a...

The scope of judicial review in termination cases due to unsatisfactory service is limited to reviewing whether the appointment was lawfully terminated based on the applicable rules. It is not the role of the Tribunal to conduct a review of the performance evaluation process or to determine a different performance rating. In this case, the Applicant was notified that based on the 2020-2021 overall rating of “does not meet performance expectations” and the 2019-2020 “partially meets performance expectations”, the Administration decided to terminate his continuing appointment. Having examined...

UNAT agreed with the UNDT that the factual circumstances surrounding the staff member’s transition from the temporary appointment to the FTA demonstrate that she was “re-employed” on 1 February 2016. The Organization did not treat her as being continuously employed and it proceeded with an actual separation from service and dealt with the effects that this entails, such as payment of her accrued annual leave while serving on the temporary appointment. The Tribunal further noted that the staff member was re-employed, and not reinstated. The Tribunal remarks that because the temporary...

UNAT considered an appeal by Ms. Patkar. UNAT dismissed the Appellant's argument that the UNDT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the UNOPS Administration had approved such leave. UNAT further held that that the Appellant’s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...

Regarding Contested Decision #1, UNAT agreed with UNDT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, UNAT also agreed with UNDT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, UNAT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, UNAT observed that there was no evidence that the staff member ought to have been appointed to the post in...

The UNDT found that the Applicant’s claims with regard to the issue of lien and loan were without merit. With respect to the issue of placement on special leave without pay, the UNDT found that the Applicant should have been placed on sick leave on half salary and half annual leave for a period of up to three months. The UNDT ordered the Respondent to make appropriate adjustments, including any related payments and adjustments to benefits and entitlements, to reflect the placement of the Applicant on three months of sick leave on half pay combined with half-day of annual leave commencing 22...

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

The UNDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the �山����Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant’s illness and the potential for disrupting patients of the JMS clinic. The...

The Tribunal granted the application in part as the reasons provided for the Applicant’s termination, notably end of appointment and abolition of post, were incorrect and therefore unlawful (the decision was rather based on the Applicant’s health). As relief, the Tribunal granted the Applicant’s request for pecuniary compensation consisting in net-base salary from her separation date and until her retirement and ordered that the Applicant should also receive compensation in the amount equal to the contributions (staff member’s and the Organization’s) that would have been paid to the United...