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The Tribunal recalled that the regulatory framework on termination for facts anterior does not limit it to cases where there has been a proven prior factual finding of misconduct or a conviction of crime. What is required is that there must be a fact anterior that detracts from the suitability of the prospective recruit due to concerns of efficiency, competence, and integrity. The fact must be of so serious a nature that it would have precluded the staff member’s appointment if it had been disclosed to the Organization during the recruitment process.

In the instant case, the Tribunal...

The UNAT noted that the UNRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member’s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the UNRWA DT with no medical information about AAW's condition at the time of the burglary.

The UNAT found that the Commissioner-General had clearly and manifestly abused the...

The UNAT held that the staff member did not fulfil the requirements for revision of the prior UNAT Judgment. The UNAT found that no new fact was advanced by the staff member that had been unknown either to him or the UNAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. The UNAT was of the view that his application for revision amounted to a restatement of the material already placed before the UNAT, which had been considered and rejected, and constituted an attempt to have the appeal, which had been disposed of, re-heard de...

The Tribunal was unpersuaded by the Applicant’s claim that his participation in the Staff Day activities was “essentially private conduct not involving [United Nations] resources” or that this was “essentially a voluntary, social event”. The requirements for integrity, probity, honesty and truthfulness under the staff regulations and staff rules are not merely “generic obligations” but are specifically intended to apply “in all matters affecting [a staff member’s] work and status”. [...] Accordingly, the Tribunal found that the established facts in this case amount to misconduct on the part of...

The Tribunal recalled that it may only review decisions that have been the subject of a timely request for management evaluation.

Considering, inter alia, that the Applicant filed her request for management evaluation after the 60 calendar days’ deadline, and that the Tribunal is not competent to suspend or waive deadlines for management evaluation as per art. 8.3 of its Statute, the Tribunal found that the present application was not receivable ratione materiae. It consequently dismissed the application.

The UNAT considered an appeal by the Secretary-General of WMO.

The UNAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The UNAT noted that the UNDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The UNAT was of the view that WMO’s decision purporting to rescind its agreement affected the staff member’s established career and personal...

The UNAT held that the UNDT did not commit an error of procedure in its case management that affected the outcome of the case.  The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him.  The additional witnesses that he wished to call would have been of little assistance to his case.

The UNAT found that the UNDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant’s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...

The Applicant lost a significant portion of his annual leave balance because the Administration used that leave to address the period of unlawful separation. This ongoing injury is of sufficient collateral consequence to preclude mootness despite the partial reversal of the direct effects of the contested decision. Thus, even if the Applicant was reinstated, there remained a live controversy between the parties and as such, the application is not moot.

The contested decision in the case at hand is the non-renewal decision. There is no separate litigation of the decision to charge absence to...

Receivability

The Respondent challenged the receivability of the application.

The Tribunal noted that the application filed on 2 March 2022 via email was essentially the same as that filed on 16 April 2022 via the eFiling portal. Consequently, in line with Practice Direction No. 4, para. 11, the Tribunal found that the present application was receivable.

 Merits

In the present case, this Tribunal examined the following issues:

a. Whether the facts on which the disciplinary measure was based have been established according to the applicable standard.

The Tribunal examined the evidence on...

UNAT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. UNAT thus granted the Secretary-General's appeal and reversed the Second Judgment.

UNAT found not receivable Mr. Mukhopadhyay’s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. UNAT found that he had made these claims for the first time on appeal and was...