�山����

At the outset, the Appeals Tribunal noted that Ms. Monasebian had provided little or no reason in support of her request for the anonymization of the Judgment other than a general statement that the information in her case was sensitive. The Appeals Tribunal took the view that anonymization was not warranted in this case and dismissed her request.

The Appeals Tribunal was satisfied that the UNDT did not err in finding that there was a preponderance of the evidence that Ms. Monasebian had engaged in a pattern of conduct through which she created an intimidating, hostile and/or offensive work...

The Appeals Tribunal found that Mr. Hampstead had not established that the UNDT made any errors under Article 2(1) of the Appeals Tribunal Statute.   

The UNDT correctly took note of the documented performance shortcomings over three performance cycles as well as the fact that Mr. Hampstead’s performance did not improve despite the remedial measures put in place, such as two PIPs, the adjustment of output timelines, and continuous feedback, performance discussions and training that Mr. Hampstead had received over the years. The UNDT also correctly held that the Administration had followed...

The UNAT noted that when the staff member had moved to North Carolina, he had not enquired whether or not he was obligated to pay the income tax of that state. Nevertheless, the UNAT concluded that the Secretary-General had erred in applying a one-year time limit to his request for reimbursement of his North Carolina state income tax for 2015-2018.

The UNAT considered the language of the relevant Staff Regulations and Staff Rules, interpretative doctrines, the legal regime of staff assessment, the hierarchy of the relevant norms and the apparent intent of the General Assembly. The UNAT...

The UNAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the UNDT with respect to two of nine instances of alleged misconduct by the former staff member.  The UNAT further acknowledged that the Secretary-General’s contention was that the UNDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.  

Nonetheless, the UNAT held that to determine the issue on appeal required more than simply an application of the correct legal test.  To reach any conclusions requires more than simply...

The Appeals Tribunal found that the UNDT did not err in holding that the Hiring Manager had correctly assessed that the certificates the selected candidate had listed in her Personal History Profile (PHP) were equivalent to a Lean Six Sigma (LSS) Certification.  One of the educational requirements for the position was the LSS certification or an “equivalent certification”.  In the present case, the UNDT correctly concluded that the Hiring Manager had properly assessed that the certificates the selected candidate had listed in her PHP were equivalent to an LSS certification, as required for...

The UNAT held that the staff member had had ample opportunity to comment on her lateral transfer. The UNAT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.

The UNAT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member’s competence, skills, and experience. The UNAT found...

The UNAT first observed that the staff member dedicated parts of his appeal brief to challenging the findings of fact in an earlier UNDT judgment concerning his disciplinary case.  The UNAT held that he was estopped from doing so because he did not appeal this earlier UNDT judgment.

The UNAT was satisfied that when the UNDT reviewed the disciplinary sanction imposed, the UNDT properly considered previous cases involving comparable misconduct, as well as aggravating and mitigating factors.  The mitigating factors raised by the staff member were considered by the Administration, but they simply...

The UNAT noted that the reclassification request was made by UNIFIL and not by the staff member.

The UNAT held that although extensive delays occurred before the request for reclassification was determined by the Administration, no final reclassification decision had been taken at the time the application was filed to the UNDT by the staff member.  Accordingly, since no decision had been made yet, she could not have experienced a direct adverse effect on the terms of her appointment.  The fact that there were delays in the reclassification decision does not change the analysis.  It is a...

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 noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision.  The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The UNAT agreed with the UNDT that the lawfulness of the...