Â鶹APP

The UNAT noted that the Agency¡¯s job classification tool had been used to reclassify the staff members¡¯ posts. The UNAT found that the UNRWA DT had not erred when it had decided the case in the absence of the full document of the International Civil Service Commission¡¯s ¡°Master Standard for Classification¡±. The UNAT agreed with the Commissioner-General that the Classification Reports were relevant and sufficient for the UNRWA DT¡¯s determinations.

The UNAT held that notwithstanding the various anomalies in the reclassification process, the staff members had failed to show anything specific that...

The UNAT held that the UNDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The UNAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The UNAT found that UNICEF had conducted the selection process in a manner fully consistent with its administrative legal framework, including having provided detailed reasons for considering the staff member unsuitable for the post. The UNAT held that his candidature had received full and fair consideration, and he had not shown through clear and convincing evidence that he had been denied a fair chance of selection. The UNAT noted that there was no evidence of bias or ill-motive against him.

The UNAT was of the view that UNICEF¡¯s failure to notify the staff member of the non-selection...

The UNAT held that the UNDT had not failed to exercise jurisdiction nor committed an error in procedure. The UNAT found that the UNDT had not exceeded its broad discretion in overruling the objections of the staff member¡¯s counsel when it permitted additional questions by the Secretary-General¡¯s counsel and, in any event, the UNDT¡¯s ruling had no material or prejudicial impact on the outcome of the case.

The UNAT found that the UNDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The UNAT...

The UNAT found that beyond reporting the possible prohibited conduct concerning non-compliance with the Â鶹APP financial rules and regulations to the Office of Internal Oversight Services, the staff member had no further interest in law in the conduct of the investigation or its outcome. The UNAT further agreed with the UNDT that there was no basis for his assertion that OIOS had declined to conduct an investigation into his report. The UNAT concluded that the UNDT had not erred in finding the application concerning this decision not receivable.

Regarding the staff member¡¯s complaint of...

The UNAT noted that the interview panel had nominated the staff member as one of the recommended candidates for appointment to the post but the Recruitment Report had been erroneously silent as to whether she had been considered on an equivalency basis. The UNAT observed that the advisory committee had subsequently found that her experience did not qualify her for equivalency and that she had not met the educational qualifications.

The UNAT held that because the staff member had been wrongly shortlisted, her participation in the remainder of the recruitment process had been unlawful and any...

The UNAT observed that the UNDT did not err in denying the staff member¡¯s request for an oral hearing as the case record was ¡°comprehensive¡± and there was ¡°no irreconcilable dispute of facts between the parties.¡±

The UNAT held that the staff member¡¯s placement on ALWP was justified, given that the staff member was provided with the names of the members of the fact-finding panel assigned to investigate her alleged misconduct, and that she was in a position to approve the consultancy contract of one of those members, which created a conflict of interest and a genuine risk of interference in the...

The UNAT held that the Secretary-General had not implicitly withdrawn delegated authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (USG/DMSPC) when the Chef de Cabinet sought advice from the USG/DMSPC.

The UNAT held that the UNDT did not err in concluding that the USG/DMSPC reasonably rejected the report of the March 2020 Alternate Chair. The UNAT affirmed that the Administration was empowered impliedly to decline to act on a report that it considered as having exceeded its authorized parameters. Moreover, the UNAT concluded that the USG/DMSPC had the...

The UNAT noted that the health insurance premiums imposed by the UPU in 2023 differed according to factors such as age, retirement status and country of residence.

The UNAT held that there was no support for the appellants' contention regarding the principle of solidarity used in the Swiss social security law, as for several years such principle had no longer been applied by the UPU.

The UNAT determined that the rate of the UPU¡¯s contribution did not differ between the various age groups and there was no evidence that the premium increases were inconsistent with the costs the insurance provider...

The UNAT held that the former staff member¡¯s challenge was to a recommendation of the Alternate Chair of the Ethics Panel, and as an ethics recommendation, it was not an administrative decision subject to judicial review. Thus, the UNDT correctly dismissed this part of the application as not receivable.

The UNAT further found that the Administration¡¯s rejection of the March 2020 Alternate Chair¡¯s report and recommendation could not have been understood by the Ethics Office to be a request to conduct a new review. The UNAT observed that the evidence before the UNDT was that the decision was...

The UNAT noted that ABD¡¯s appeal was filed within 60 days of the Order¡¯s issuance, but more than 30 days after that event. Given that under Article 7(1)(c) of the UNAT Statute, a party has 30 days to appeal an order, ABD was out of time to appeal against the impugned UNDT Order.

The UNAT dismissed the appeal as not receivable.

The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member¡¯s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member¡¯s UNJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...

The UNAT held that the UNDT did not err in concluding that the transitional measure ¨C granting 10 weeks of special leave with full pay (SLWFP) only to mothers who were still on maternity leave on 1 January 2023 ¨C was not unlawfully discriminatory.

It found that, while it might be argued that preferring birth mothers over fathers in the transitional arrangements between the old and new parental leave regimes was discriminatory, it was not unlawfully discriminatory for two reasons: i) the desirability of breastfeeding in circumstances that are inconsistent with their mothers also working full...

The UNAT held that the facts were established by clear and convincing evidence. It held that the Complainant¡¯s testimony was consistent with her earlier statements, except for the date of the incident. However, the correction of the date she made at the hearing was found to be in good faith and did not undermine her credibility. Her account was corroborated by two other staff members, M.V. and M.M., both of whom testified before the UNDT. The UNAT also held that the former staff member failed to show that these witnesses had any motive to falsely implicate him. It noted that the former...

The UNAT noted that the UNRWA DT, in its Judgment, had ordered the Commissioner-General to pay Ms. Smadi the difference between the salaries and associated entitlements between her Grade of HL6 and step and the Grade HL7 and step to which she was entitled from 1 August 2017.

The UNAT held that the language of the order was unequivocal, as were its terms. The UNAT found that it had been also clearly expressed in the UNRWA DT Judgment that the US Prime Rate should apply as of 30 May 2023. The UNAT found that the UNRWA DT Judgment, in turn, had been unambiguously affirmed by the Appeals Tribunal...

The UNAT held that the UNDT correctly concluded that the former staff member committed misconduct by repeatedly violating, over more than a year and a half, the rules prohibiting his wife from staying overnight with him in the UNMISS compound of a non-family duty station, without authorization or payment of the required accommodation fees, despite multiple warnings and a prior reprimand.

The UNAT also confirmed that, during a counselling session, the former staff member threatened to kill his wife and any staff member to protect their marriage and his perceived right to cohabitation. It agreed...

The UNAT held that the staff member knew all the relevant facts and was sufficiently made aware and properly notified of the contested decision by at least 18 May 2023 for the purpose of filing a timely request for management evaluation. However, the staff member did not file his request for management evaluation until 16 September 2023, which was beyond the 60 day time limit.

The UNAT observed that the subject line of the e-mail exchanges in August 2023 between the Administration and the staff member, were requests ¡°to clarify¡± the basis of an administrative decision that had been taken...

The Tribunal observed that unlike the Applicant¡¯s First Reporting Officer¡¯s (¡°FRO¡±) comments which were entirely consistent with the ePAS rating of ¡°Successfully Meets Expectations¡±, the comments of the Applicant¡¯s Second Reporting Officer (¡°SRO¡±) seriously undercut and detract from the overall appraisal rating." The Tribunal further noted that after the initial sentence recognizing that the Applicant ¡°consistently performed her tasks and duties effectively¡± and commending her ¡°ambition and dedication in her role, the SRO added seven sentences which were completely negative about the...

The UNAT affirmed the UNDT¡¯s decision to dismiss the former staff member¡¯s request for anonymity, as he had ignored the deadline set by the UNDT in an Order.

The UNAT found that the former staff member committed sexual exploitation by engaging in a romantic and sexual relationship with a vulnerable refugee, who put herself in danger in engaging in a premarital relationship with him. He abused his position of trust by promising to marry her to persuade her to have sexual relations with him. When she pushed him about his promises, he threatened her with an investigation that could result in the...

The Tribunal held:

a. Some of the contested decisions were manifestly irreceivable as already determined by the Tribunal in Likukela Order No. 161 (NBI/2024) and Likukela UNDT/2025/006. These matters would not be considered again by the Tribunal in accordance with the doctrine of res judicata.

b. The claims regarding the alleged theft of the Applicant's wages, lack of a legal basis for recovery of her final pay and illegally withholding her final pay were not receivable ratione materiae for failure to file a timely request for management evaluation.

c. The claim alleging prevention of the payment...