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On appeal by the Secretary-General, UNAT found that UNDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. UNAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. UNAT found that UNDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

UNAT considered an appeal by the staff member arguing that UNDT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. UNAT found no error in the UNDT judgment not awarding in-lieu compensation. UNAT held that since the Secretary-General concurred with the remand in question, the claim became moot. UNAT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. UNAT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...

UNAT held that UNRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. UNAT held that UNRWA DT erred in declining the Appellant’s implicit request for a hearing in person, at least without having considered it and given reasons. UNAT held that the termination of the Appellant’s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. UNAT held that any opportunity of the Appellant’s appointment to that vacancy had therefore passed, irrespective of her...

UNAT considered appeals from both Mr. Sirhan and the Commissioner-General. UNAT held that UNRWA DT exceeded its competence and erred in fact and law by rescinding the decision to terminate Mr. Sirhan on medical grounds. UNAT held that the decision to convene a Medical Board more than one month after Mr. Sirhan’s service-incurred injury in order to examine his fitness for continued service with UNRWA was reasonable. UNAT held that UNRWA DT erred in law in interpreting the Area Staff Rules as requiring UNRWA to provide injured staff members adequate time for recovery before deciding to appoint a...