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Considering the lack of any direct evidence before the Tribunal as the alleged victim declined to provide witness testimony, it found that the Respondent had not managed to prove with clear and convincing evidence, or even with the preponderance of evidence, the factual allegations leading to the USG/DMSPC’s conclusion that the Applicant had sexually harassed her. In the same vein, the Respondent also failed to demonstrate that the Applicant created a hostile work environment for her. 

Whereas the Applicant’s actions and behavior were not up to the standard to be expected of a supervisor...

The Tribunal found that the Applicant engaged in multiple actions which amounted to serious misconduct. Therefore, his conduct not only displayed a serious failure to uphold the minimal standards of integrity conferred on an international civil servant, but it also displayed a flagrant disregard of the rules of the Organization. The Applicant’s conduct undermined the trust and confidence placed in him by UNICEF. Such trust and confidence are essential for the continuation of an employment relationship. In these circumstances, the Tribunal considered that it was appropriate for UNICEF to end...

The Appeals Tribunal concluded that the UNDT did not err in finding that the Administration had established that AAR had unlawfully disclosed confidential information and had unlawfully failed to disclose a conflict of interest and recuse himself. 

The Appeals Tribunal was also satisfied that the administrative measure imposed on AAR was proportionate to his misconduct, and that the UNDT did not commit any error in awarding moral damages for the harm AAR incurred due to the undue delay in completing the disciplinary process.

The Appeals Tribunal therefore dismissed the appeals.

As a preliminary matter, the Appeals Tribunal dismissed Mr. Wan's argument that he had been placed at a considerable disadvantage, directly impacting the outcome of the case, by the fact that he had been unrepresented before the ICAO Appeals Board.

Turning to the merits of the case, the Appeals Tribunal affirmed the findings of the Appeals Board that on clear and convincing evidence two counts of misconduct had been proved to have been committed by Mr. Wan which justified the imposition of the sanction of dismissal. On the material presented by the Secretary-General to the President, the...

The Appeals Tribunal found that the Administration’s decision not to investigate further Mr. Lutfiev’s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an UNRWA staff member.  

Furthermore, the Appeals Tribunal was satisfied that the UNRWA DT’s decision rescinding Mr. Lutfiev’s separation from service was decided erroneously.  The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev’s separation from service and failed to undertake what is known as the four...

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 Tribunal noted that based on the evidence before it and not contested by the Applicant, the sanction letter was issued on 1 July 2022 and the Applicant received it on 5 July 2022. Pursuant to staff rule 11.2(b), disciplinary decisions are not subject to management evaluation. This meant that the Applicant ought to have filed his application no later than Tuesday, 4 October 2022 to comply with the 90-calendar day deadline. He filed his application on 31 January 2024, which was more than a year after the statutory deadline. Accordingly, the Tribunal found the application not receivable ratio...

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 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 UNAT found no error in the UNDT’s reliance on the communication between the staff member and her attorney when it established that she had submitted false information in her claims for reimbursement for medical expenses. The UNAT noted that her attorney had voluntarily submitted the privileged document as an attachment to her application. The UNAT observed that she had not imposed any limitations or reservations on the UNDT’s use of the document and had referred to it on multiple occasions in the course of the proceedings. The UNAT agreed that she had waived her right to confidentiality...