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The UNAT noted that the impugned Orders denying the staff member’s requests for anonymity had been issued less than a month after the UNDT had granted his motion for anonymity in another case.

The UNAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The UNAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The UNAT...

The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY’s conduct, the UNDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS. The fact that AAY chose not to testify at the UNDT hearing made it clear that he stood by his statement to the OIOS investigators. The UNDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence. The fact that the three witnesses...

The UNAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant’s attorney’s personal circumstances.

The UNAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the UNAT found that the UNDT had erred in fact and law in dismissing Mr. Khan’s application as not receivable ratione temporis. It concluded that Mr. Khan’s exceptional circumstances—including severe flooding disrupting internet service and affecting his ability to access e...

The UNAT held that the UNDT did not err in finding that the disciplinary measure imposed was lawful.

The UNAT rejected the former staff member’s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The UNAT held that this argument was not admissible, as it had already been presented before the UNDT.

In any event, the UNAT determined that the decision from DWB constituted a...

The UNAT found no error in the UNDT’s reliance on the communication between the staff member and her attorney when it established that she had submitted false information in her claims for reimbursement for medical expenses. The UNAT noted that her attorney had voluntarily submitted the privileged document as an attachment to her application. The UNAT observed that she had not imposed any limitations or reservations on the UNDT’s use of the document and had referred to it on multiple occasions in the course of the proceedings. The UNAT agreed that she had waived her right to confidentiality...

The UNAT held that, Mr. Lago’s reliance on additional evidence without filing a motion, was inadmissible.

The UNAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored. Additionally, Mr. Lago’s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision.

The UNAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...

The UNAT found that the UNDT had appropriately dismissed Ms. Yu’s application as not receivable ratione temporis. The UNAT emphasized that because Ms. Yu’s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the UNDT is located, and therefore, Ms. Yu missed the deadline by one day.

The UNAT rejected the new arguments and evidence related to the mediation process submitted to the UNAT for the first time. Even if these were considered, the UNAT concluded that the mediation did not pertain to the contested decision and therefore did not...

The UNAT found that an objective reading of the staff member’s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The UNAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The UNAT therefore held that the UNRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...

The UNAT held that the decision to cancel the appointment process and initiate a new process was one which fell squarely within the discretionary authority of the Administration. Given that a new appointment process had been embarked upon, there was no longer any administrative decision alleged to be in non-compliance with AAP’s terms of appointment or contract of employment. Any dispute concerned with the initial appointment process was moot in the sense that there was no live issue in dispute which required determination by the UNDT. The UNAT held that the UNDT correctly dismissed AAP’s...

The UNAT held that the UNDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The UNAT found that the UNDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant’s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...