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The Applicant failed to convince the Tribunal that the Administration raised in him a legitimate expectation of renewal of his FTA. An erroneously raised personnel action without a written contract does not constitute a ground for legitimate expectation of renewal.

The Tribunal agreed with the Applicant that the Staff Regulations and Rules must be applied uniformly and consistently to staff members. United Nations procedures exist to facilitate fair and transparent substantive decisions, and the failure to abide by required procedures is no mere “technicality”, but instead undermines...

The UNAT held that the absence of a case management discussion and an oral hearing before the UNDT was not a procedural error.

The UNAT found that the UNDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred.  The UNAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant’s objective...

The UNAT held that the UNDT did not err in finding that the facts underlying the written reprimand were established. The UNAT agreed that Ms. Kamara-Joyner’s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for UNOMS and as President of UNPAD. The UNAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

The Secretary-General filed an appeal.

The Appeals Tribunal found that the UNDT exceeded its jurisdiction and erred in law when it interpreted Staff Rule 6(3)(a) as allowing Ms. Barbulescu as a commissioning mother in a surrogacy to be entitled to maternity leave contrary to the clear and unambiguous Staff Regulations and Rules. The UNDT enlarged the scope of Staff Rule 6(3) to an extent that it made a policy decision which is in the purview of the Secretary-General.  Further, the Dispute Tribunal erred in making factual findings without evidence.

The Appeals Tribunal however held that the...

It was established by the evidence on record that the Applicant engaged in unauthorized contacts with Member States and the EU, media outlets and social media. It was also undisputed that said external communications included allegations that the �山����and its officials were involved in serious acts of misconduct and crimes of international law, including complicity in genocide.

What was left to be determined was whether the Applicant had a lawful justification for her conduct under the Protection Against Retaliation (PAR) Policy, and whether said conduct legally amounted to misconduct.

With...

The UNAT held that there was a clear disjunct in the UNDT’s decision to grant Mr. Nair’s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision.  The UNAT noted the confusion presented by UNDT’s finding that “no misconduct occurred at all”, while at the same time accepting that Mr. Nair had “repeatedly reacted and used hostile language” which justified, in the UNDT’s view, the imposition of administrative measures. The UNAT held that the administrative measures under Staff Rule 10.2(b)...

The UNAT held that the UNDT erred in holding that the Administration misinterpreted one of the requirements for the position advertised in JO 127555, namely “experience in leading large teams”, as requiring experience of direct supervision of 10 people or more.  The UNAT further found that the vacancy announcement allowed for a such contextual interpretation as the literal meaning of “lead” is very general and does not, by itself, allow for an exact comprehension of the intended meaning.  Therefore, the UNAT held that it was reasonable for the Administration to interpret the requirement of...

The UNAT held that the UNDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant.  As such, the UNAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The initial decision to deny the Applicant EGT for the 2021-2022 academic year was modified following management evaluation. The Applicant was granted partial EGT for the 2020-2021 and 2021 2022 academic years, which resulted in a pro-rated recovery of the Applicant’s EGT for the 2020-2021 academic year and the granting of half of his EGT for the 2021 2022 academic year.

Pursuant to staff regulation 3.2(a), staff rule 3.9(g), and sec. 9.1 of ST/AI/2018/1/Rev.1, the Applicant is entitled to one round trip for her daughter during each academic year between her educational institution and his...

The UNAT found that the relief sought in the application concerned an issue not previously raised before the UNDT or the UNAT, being the recovery of an amount already paid as an admissible expense on a sliding scale.

The UNAT held that there was nothing in the meaning or scope of the prior Judgment that was unclear or ambiguous, the terms of the order were clear. The UNAT noted there was no need to interpret the prior Judgment to clarify its meaning, nor were there reasonable doubts about what constituted the UNAT’s decision or the reasons for it.

The UNAT was of the view that there was also...