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The Tribunal reviewed the application and found it not receivable. The Applicant indicated in his application that while he was initially offered a separation indemnity of 12 months’ net base salary, this amount was later reduced to three months’ net base salary in a separation agreement dated 16 March 2021. According to the information on record, the Chief Human Resources Office, Pakistan Country Office, verbally informed the Applicant of the contested decision on 11 March 2021. Therefore, as per staff rule 11.2 (c), the Applicant had until 10 May 2021 to request management evaluation. Even...

The Tribunal found that there were several reasons why the application was not receivable: the impugned decision was merely a prefatory act , moreover, as such, it was sub judice in Case No. UNDT/NBI/2022/6. However, on a purely formal plane, the application had been filed out of time.

It was crucial for the Tribunal to examine the relationship between the Applicant and the alleged victim of his behaviour. There was clear evidence of constant financial support to the complainant/victim. The Applicant built a relationship of trust with the complainant/victimthe  where she was able to rely on him for support and was comfortable to meet with him outside of the UNFPA Malawi Country Office. The victim was placed in a very vulnerable position. The abuse by the Applicant was not an isolated episode, as the Applicant is accused also for sexual assault and harassment in different...

Mr. Beda appealed.  As a preliminary matter, UNAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, UNAT found that the UNDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

UNAT considered an appeal by the Secretary-General. UNAT held that Ms. Caucci’s situation differed from the UNDT Judgment in Tran Nguyen (UNDT/2015/002) and therefore it was erroneous for the UNDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. UNAT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen...

Ms. Koduru appealed. UNAT held that the UNDT did not err in law or fact in concluding that Ms. Koduru’s case was fully and fairly considered. Specifically, UNAT found no error in the UNDT’s finding that Ms. Koduru had failed to meet the burden of proof that the decision was based on ulterior motives and a protracted pattern of harassment, as well as to establish a causal link between the alleged incidents and the challenged administrative decision not to renew her fixed-term appointment. Rather, such a decision, as correctly determined by the UNDT, was a reasonable and proper exercise of the...

The Secretary-General filed an appeal. UNAT granted the appeal and vacated the UNDT Judgment. UNAT held that while the determination of which staff members should be compared is “primarily guided by the functional title as per the staff member’s letter of appointment”, there can be cases where the functional title does not reflect the actual functions performed as in the present case. In these circumstances, the CHRO must determine which individual falls into which occupational group. Ms. Barud’s role and functions changed in May 2018 to a Facilities Management Assistant. Therefore, at the...

The investigation successfully established that the Applicant engaged in workplace harassment in seven different occasions against the three complainants. By committing workplace harassment, the Applicant breached the highest standards of integrity and engaged in behaviour unbecoming of an international civil servant. As such, her conduct constitutes serious misconduct. However, the disciplinary measure of separation from service imposed on the Applicant was found to be too harsh of a penalty lin light of the Administration’s past disciplinary measures on other cases of comparable conduct, as...

The burden of proving the provenance and authenticity of the footage is on the Respondent. The Tribunal found that the challenge as to the evidentiary value of the video can properly be dismissed, given the type of document (a video file), its content (a continuous show of people interacting with no discrepancies) and the comments on it by the Applicant (as mentioned). The Tribunal found that a forensic examination of the files was not necessary and that the anonymity of the sources did not undermine its clear and objective content. In this case, the Applicant was not simply careless to have...

The Tribunal found that the Administration properly qualified the Applicant’s conduct towards the Complainants as sexual harassment, but found the sanction disproportionate to the offence. The Tribunal is of the view that, while in the assessment of accusations of harassment the test focuses on the conduct itself - and requires an objective examination as to whether it could be expected or perceived to cause offence or humiliation to a reasonable person, being not necessary instead to establish that the alleged offender was ill-intended (see Belkahbbaz UNAT-2018-873, para. 76) -, the lack of...