Ãå±±½ûµØ

UNAT preliminary denied the Appellant’s motions for leave to respond to the answer to the appeal and his request for production of documents and evidence, on grounds that there were no exceptional circumstances. UNAT then considered the merits of the appeal. UNAT affirmed UNDT’s decision that the investigation was not ultra vires. Whilst the Special Representative of the Secretary-General did not initiate the investigation, the nature of Chief Conduct and Discipline Team duties gave him authority to refer the matter to SIU for investigation. Even if the initiation of the investigation gave...

UNAT held that the summary dismissal decision was unlawful because the due process rights under IMO’s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

UNAT considered the Secretary-General’s appeal. UNAT dismissed Mr Rajan’s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. UNAT held that the UNDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. UNAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. UNAT held that it was Mr Rajan’s responsibility to ascertain that he was providing accurate...

UNAT considered an appeal by Mr. Kennedy. UNAT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, UNAT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.

UNAT considered an appeal by Ms. Modey-Ebi. UNAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. UNAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

UNAT granted the appeal by the Secretary-General and vacated the UNDT Judgment.

UNAT disagreed and distinguished the case at hand with the two cases cited by the UNDT. UNAT explained that in the case at hand, the staff member’s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, UNAT concluded that the misconduct...