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The Appeals Tribunal found that the UNDT erred in law by applying the improper legal framework, the relevant legal framework not being ST/SGB/2008/5, but the UNFPA Disciplinary Framework and the UNFPA Harassment Policy. The UNAT explained that UNFPA, being one of the separately administered funds of the Organization, has its own legal framework and is not regulated by the Secretariat’s general administrative issuances such as ST/SGB/2008/5, unless otherwise stated or unless it has expressly accepted their applicability. The UNAT held that the UNDT erred when it found that Mr. Toson’s request...

The UNAT held that the Dispute Tribunal correctly reasoned that under the UNFPA Disciplinary Framework, the assessment of the facts of misconduct is not exclusive to OAIS, but that the Director of the Department of Human Resources (Director/DHR) must also analyze the evidence, and such analysis could lead DHR to a different conclusion than that of OAIS. Accordingly, in this case, the UNAT found that the UNFPA Administration had the authority or locus standi to proceed with a disciplinary process even in the absence of a finding of misconduct by OAIS. The UNAT further held that the UNFPA...

UNAT considered the Secretary-General’s appeal. UNAT held that UNDT erred by concluding that ST/AI/2002/3 applied to UNICEF, as the UNICEF Handbook establishes the procedure that a staff member must follow should they wish to rebut the content of their performance report. UNAT noted that the principle articulated in Villamoran v. Secretary-General of the United Nations (2011-UNAT-160), which holds that administrative issuances have greater legal authority over manuals such as the UNICEF Handbook, only where there is a conflict between guidelines and manuals and a properly promulgated...

UNAT held that the UNDT’s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the UNFPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to UNFPA. UNAT rejected UNDT’s finding that the timing of the decision to terminate the Appellant’s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. UNAT held that it would be unreasonable to require the Administration to restart the termination...

UNAT held that the Appellant had demonstrated no exceptional circumstances which would justify UNAT exercising its discretion to file additional pleadings. UNAT held that an application before UNDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. UNAT held that the...

UNAT held that UNDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. UNAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. UNAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting a management evaluation. UNAT dismissed the appeals and affirmed the UNDT judgments.

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...

Prima facie unlawfulness: The Tribunal found in Villamoran UNDT/2011/126, that the mandatory 31-day break in service for staff between their fixed-term and temporary appointments, if not supported by law, is prima facie unlawful. The Respondent was ordered to provide evidence to support the decision but failed to do so. The evidence submitted neglected to show the publication date or the precise method of publication of the revised administrative instruction. The Administration has an obligation to properly announce amendments to Staff rules and regulations for decisions to be proper and made...

Consultations: “Consultation with the appropriate staff representative bodies” does not mean that for an administrative instruction to enter into force, it must necessarily meet the agreement of the staff representatives.Acquired right: An acquired right is breached only when an amendment adversely affects the balance of contractual obligations by altering fundamental or essential terms of employment.Irreparable damage: Mere financial loss is not enough to satisfy the test of irreparable damage. Harm to professional reputation and career prospects, or harm to health, or sudden loss of...