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UNAT held that the allegations of irregularity raised by the Appellant were supported by evidence. UNAT noted that it was hard to comprehend how the Appellant’s post suddenly became redundant when at the same time around 75 per cent of its functions were to be transferred to a consultant. UNAT further noted that even though the new organisational structure was not approved until September 2013, as early as June 2013, the abolition of the Appellant’s post had already been decided and was communicated to him by his supervisor, against whom the Appellant filed a complaint of abuse of power. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT accepted the Secretary-General’s position that UNMIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the UNMIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. UNAT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. UNAT held that the change in the composition of the...

UNAT had before it an appeal by the staff member limited to the award of compensation. UNAT noted that UNRWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. UNAT held that there was no error in this regard. UNAT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, UNRWA DT was conscious of the Appellant’s claims for loss of opportunity. UNAT held that, in view of...

On the Appellant’s claim that UNDT erred in failing to hold an oral hearing, UNAT held that UNDT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. UNAT held that UNDT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...

UNAT held that the UNDT’s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the UNFPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to UNFPA. UNAT rejected UNDT’s finding that the timing of the decision to terminate the Appellant’s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. UNAT held that it would be unreasonable to require the Administration to restart the termination...

UNAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to UNDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, UNAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. UNAT agreed with the finding of UNDT that the established facts amounted to serious...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General’s appeal was filed on time and was receivable. UNAT held that, since the parties agreed to and identified the facts in their Joint Statement, it was not open to UNDT to conduct its own evaluation and then to substitute its view for that of the parties. UNAT held that the misconduct was of a grave and serious nature and in those circumstances, the sanction of separation was reasonable and not disproportionate and/or arbitrary. UNAT held that UNDT erred when it reversed the Secretary-General’s decision to...

UNAT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT set out the correct legal framework, but thereafter erroneously reviewed the evidence and interfered with the administrative discretion, since UNRWA had established the misconduct by clear and convincing evidence. UNAT held that UNRWA DT erred in law in its evaluation of the evidence and that UNRWA had established the existence of the facts warranting disciplinary sanction. UNAT held that the procedure and the subsequent decision were lawful and there was no basis to rescind the termination or to award any...

UNAT held that UNDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, UNAT held that the Appellant failed to establish that UNDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. UNAT held that his requests for relief were denied, noting that where an irregularity has no...

UNAT considered both an appeal by Ms Flores requesting an increase in compensation and a cross-appeal by the Secretary-General. UNAT held that UNDT did not err in either determining that there were procedural violations that warranted rescission of the separation decision or in its determination that Ms Flores was not entitled to reinstatement (justifying a material award) as her contract was due to expire shortly after receipt of the dismissal letter. UNAT noted that Ms Flores was not informed prior to the interview what the allegations were. Noting that the records indicated that Ms Flores...