Ãå±±½ûµØ

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...

As a preliminary matter, the Appeals Tribunal found that Mr. Radu had failed to demonstrate exceptional circumstances to support his request for anonymity and accordingly dismissed his request. 

The Appeals Board dismissed Mr. Radu’s appeal in relation to Appeals Board Decision No. 1.  The Appeals Tribunal found that even if the Staff Rule was to be interpreted as to require consultation with the Medical Clinic at that time, the Organization’s failure to abide by the Staff Rule would not render the decision void ab initio.

Turning to the appeal against Appeals Board Decision No. 2 to...

The Appeals Tribunal found, in relation to Mr. Qasem’s exclusion from consideration for the Acting Head position, that the UNRWA DT erred in finding Mr. Qasem’s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem’s application from consideration, this irregularity had no impact on the selection decision.  Considering Mr. Qasem’s performance, administrative and...

The UNAT considered the central tenet of the staff member’s case, which was that he held the necessary academic qualifications for the role, but that the selected candidate did not.  The UNAT concluded that the educational specifications in the job vacancy announcement were a minimum threshold, but not the determining factor in the selection.  The UNAT held that both the staff member and the selected candidate met the threshold academic qualifications, even though they obtained them by different means.  The UNAT rejected the claim that the ITLOS should not have taken into account that the...

The UNAT held that the UNDT correctly identified UNDP as the respondent in the present case because it was UNDP that administered the staff member’s position and was therefore his employer.  The UNAT found that the staff member’s application was premature because he filed it before receiving the management evaluation response, or at least before the expiration of the delay for receiving that response.  The UNAT also concluded that the management evaluation response did not constitute the contested administrative decision.

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2023/036...

The UNAT held that, Mr. Lago’s reliance on additional evidence without filing a motion, was inadmissible.

The UNAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored.  Additionally, Mr. Lago’s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision. 

The UNAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...

The UNAT rejected the new arguments and evidence submitted to the Appeals Tribunal for the first time that were aimed to show that Mr. El-Anani had not read the attachment of the e-mail that communicated the disciplinary sanction.

The UNAT confirmed that, the two Microsoft Outlook notification records acknowledged by Mr. El-Anani indicated that the contested decision had been delivered to and read by him on 28 March 2023 and that he was therefore required to file his application with the UNDT by no later than 26 June 2023. Since Mr. Al-Anani did not file the application until 28 June 2023...

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 UNDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.

The UNAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the UNDP which was subject to any loss from undue reimbursements.

The UNAT found that the staff member’s certification to Cigna of the correctness of the...

The UNAT held that the UNDT erroneously concluded that there was clear and convincing evidence of the former staff member’s knowledge that he was in a prohibited family relationship with another staff member, Mr. S.R.B.

Moreover, the UNAT found that even if the information provided by the former staff member was false, he could not have intended to mislead the Organization by providing or omitting it.  On the contrary, the evidence established that when he made his relevant applications, he did not know, and had no reason to know, that Mr. S.R.B. was employed by the United Nations.  In...