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UNAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. UNAT held that the Commissioner-General’s cross-appeal was receivable. UNAT agreed with the findings of UNRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. UNAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

UNAT held that the UNDT’s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, UNDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. UNAT...

UNAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. UNAT denied the Appellant’s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. UNAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. UNAT held that the UNDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. UNAT held that UNDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

UNAT considered whether exceptional circumstances should apply to the Appellant’s appeal, under Article 8(3) of the UNDT Statute. UNAT held that UNDT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. UNAT held that UNDT did not err in finding that the application was not receivable. UNAT dismissed the appeal.

UNAT considered the appeal. UNAT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to UNDT only challenged the decision to terminate his appointment in 2014. UNAT agreed with UNDT’s holding that there was no nexus between the reassignment and the abolition of the Appellant’s post. UNAT also agreed with UNDT’s finding that UNFPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. UNAT denied the Appellant’s request to overturn the impugned judgment on the sole ground of...

The UNDT judgment was appealed by the Secretary-General. UNAT held that UNDT did not exceed the scope of judicial review by reviewing the facts and concluding that there was sufficient evidence of inebriation but concluding there was a lower level of alcohol consumed based on the breathalyzer result. UNAT held that UNDT correctly balanced the competing considerations and concluded reasonably that the imposition of the sanction of separation from service with compensation in lieu of notice and termination indemnity was disproportionate to the misconduct. UNAT held that the fact that the...

UNAT held that the Appellant had demonstrated no exceptional circumstances which would justify UNAT exercising its discretion to file additional pleadings. UNAT held that an application before UNDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. UNAT held that the...

On the delay before UNDT, UNAT agreed that the delay was unfortUNATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. UNAT held that UNDT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. UNAT held that UNDT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. UNAT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, UNAT held that there was a substantial variation or a striking disparity between the award made by UNDT and the award that UNAT considered ought to have been made. UNAT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. UNAT held that UNDT did not err in law or fact in denying moral damages, as there was no corroborating...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. UNAT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. UNAT held UNDT was statutorily barred from hearing Mr Omwanda’s application. UNAT upheld the appeal and vacated the UNDT judgment.