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UNAT considered an appeal by the Secretary-General against judgment Nos. UNDT/2011/209 (on liability) and UNDT/2012/062 (on relief). UNAT held that there was no evidence to support the UNDT’s conclusion that, had the UN Staff Pension Committee (UNSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. UNAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. UNAT held that...

UNAT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. UNAT noted that it was well within the discretion of UNDT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. UNAT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. UNAT held that UNDT did not err in awarding moral damages of USD 25,000. UNAT held there was no merit in...

UNAT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. UNAT held that the Appellant’s failure to object to the Respondent’s late reply before UNRWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant’s claim that UNRWA DT erred when it did not permit him to file a rejoinder to the Respondent’s reply, UNAT held that since the Appellant did...

UNAT considered two appeals by Ms Perelli, against judgment Nos. UNDT/2012/034 and UNDT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, UNAT held that these procedural steps were part of her due process entitlements and, to the extent that UNDT found the Administration to have respected these procedural steps, UNAT upheld the finding of UNDT. UNAT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. UNAT held that Ms Perelli was...

As a preliminary issue, UNAT held that UNRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. UNAT held that another significant irregularity took place during the proceedings before UNRWA DT, in light of which UNAT was compelled to annul the judgment and remand the case for a de novo consideration by a different UNRWA DT Judge, namely that UNRWA DT committed an error in procedure when it denied the Appellant’s request for a copy of the...

UNAT held that the Appellant did not identify any evidence that contradicted the findings of UNDT regarding the abolition of her post. UNAT recalled the broad discretion of UNDT to determine the admissibility of evidence and the discretion of UNDT to decide whether the presence of witnesses is required and to limit oral evidence. UNAT held that the Appellant failed to demonstrate that UNDT erred in declining to hear the proffered evidence. UNAT held that UNDT erred in law in allowing testimony to be given at its hearing that was neither sworn, affirmed, nor made under a promise to tell the...

UNAT considered two appeals by the Secretary-General of judgment Nos. UNDT/2011/106 and UNDT/2011/192. UNAT held that it was satisfied that the Complainant did not share the Applicant’s desire to pursue a sexual relationship and that the Applicant’s conduct was unwelcome. UNAT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. UNAT held that the Secretary-General had clear...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT dismissed Ms Guzman’s Motion to file an Addendum to Answer the Secretary-General’s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by UNAT. On the merits, UNAT found that UNDT’s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman’s amended Motion of...