Â鶹APP

The crucial question on appeal was whether the UNDT committed any error when it only referred for accountability the Chief of Investigations of OIAI but not the ED and other staff members of UNICEF. The UNAT held that there was no error in the UNDT judgment, because it was within the Dispute Tribunal¡¯s discretion to reject the applicant¡¯s request for referral. The UNDT¡¯s legal approach was correct. The UNDT decided not to refer the ED of UNICEF for accountability because it was not shown that she had had any influence in the handling of applicant¡¯s complaint. Ms. Dettori also did not show on...

Ms. Larriera sought revision of the UNAT judgment on the grounds that new decisive facts had emerged from the French government regarding her relationship with the deceased participant of the UNJSPF, Mr. M. Specifically, she maintains that the French government has endorsed the findings of a Brazilian court that she was in a ¡°stable union¡± with Mr. M., and that this has also been annotated on the death certificate of Mr. M.

UNAT observed that Ms. Larriera¡¯s application for revision was untimely. In addition, UNAT concluded that these allegedly decisive facts occurred in 2021, well after the...

UNAT considered an appeal by Mr. Webster. UNAT held that although the current legal framework (ISA Staff Rule 11.2), mentions the establishment of a neutral first instance process with staff participation to take a decision upon any appeal by staff members against an administrative decision alleging the non-observance of their terms of appointment, including all pertinent regulations and rules, there is, to this date, no such neutral first instance process. According to the Staff Rules, the JAB Panel shall submit a report to the Secretary-General, who takes the final decision.

While it is...

The UNAT held that the Applicant¡¯s application for revision did not comply with the requirements set out in Article 11(1) of the Appeals Tribunal Statute and Article 24 of the Appeals Tribunal Rules of Procedure. Indeed, it concluded that there was no fact discovered after the issuance of the UNAT Judgment, which was unknown to the Appeals Tribunal and to the Applicant. Rather, it found that his submissions basically repeat or add to the same arguments which were previously assessed by the Agency, the UNRWA DT and the Appeals Tribunal. It concluded that the only new arguments advanced by...

The UNAT held that the Appellant has failed to discharge her burden and has not demonstrated that the UNRWA DT committed any of the errors outlined in Article 2(1) of the UNAT Statute. It concluded that the Appellant relitigated arguments that failed before the UNRWA Dispute Tribunal and expressed her general disagreement with the impugned Judgment.

The UNAT held that the contested decision was a valid and lawful exercise of the Agency¡¯s discretion. It found that the Agency reviewed and considered the Appellant¡¯s request for telecommuting in accordance with the legal framework, i.e. Area...

UNAT upheld the UNDT¡¯s conclusion that the Administration¡¯s decision not to set up a fact-finding investigation panel against Mr. Yavuz¡¯s FRO and SRO was lawful, as the incidents described in Mr. Yavuz¡¯s complaint did not provide sufficient grounds they had engaged in prohibited conduct (harassment, abuse of authority) but fell in the realm of workplace disagreements. UNAT found that Mr. Yavuz did not show that the incidents mentioned in his complaint with regard to the conduct of his FRO and SRO were in any way motivated by any of the characteristics or traits (or similar) listed in Section 1...

The UNAT held that the UNDT judgment was problematic because the UNDT's findings seemed to be based entirely on hearsay evidence, i.e., the findings in the OIOS investigation report. The UNAT observed that the UNDT judgment failed to explain the evidentiary basis of its conclusion that sexual harassment was highly probable, and made no explicit or precise findings in relation to the evidence given under oath at the hearing. The failure of the UNDT to make findings about the testimony it heard made the appeal well-nigh impossible. The UNAT noted that there was no transcript of the hearing, and...

The UNAT first dismissed as not receivable Mr. Loto¡¯s appeal of the UNDT¡¯s Order denying his motion to strike an audio-recording and certain pleadings submitted by the Secretary-General. The UNAT held that these matters could be addressed in Mr. Loto¡¯s appeal of the judgment on the merits of his application.

The UNAT was satisfied that the UNDT correctly admitted the audio-recording of the meeting between the alleged victim, Mr. Loto and others, as the recording assisted in resolving any evidential conflict about what transpired at this meeting, in which payment to the victim was discussed...

Mr. Jibril appealed.

As regards the request for an oral hearing, the UNAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The UNAT agreed with the UNRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

UNAT dismissed Mr. Zaqqout's application for correction of judgment on the grounds that Mr. Zaqqout attempted to relitigate his case instead of demonstrating mistakes in the nature of those intended to be covered by Article 11(2), and he had failed to explain the significant delay in applying to correct the alleged errors.

UNAT also dismissed Mr. Zaqqout's application for revision of judgment. UNAT found that this being the second application for revision Mr. Zaqqout had filed in this case, he was required to demonstrate exceptional circumstances, a test he did not meet; and that even if the...