51³Ô¹Ï

UNAT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant’s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. UNAT further held that the Appellant’s termination was legal and not disproportionate to the offenses. UNAT dismissed the appeal and affirmed the UNRWA decision.

In considering the appeal brought forth by the Appellant, UNAT preliminarily held that the UNRWA JAB erred in finding that the appeal was not receivable due to late filing; UNAT held that it was evident the JAB appeal was filed on time. With regard to the substance of the appeal, UNAT held that it was within UNRWA’s power and discretion to refuse the Appellant’s reinstatement since it had already filled his position. UNAT affirmed UNRWA’s position that there was no error in refusing the Appellant’s reinstatement and dismissed the appeal.

UNAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant’s termination, UNAT held that the UNRWA JAB’s decision was legal, rational, and procedurally proper. UNAT held that it was an exceptional case where the doctrine of proportionality should be invoked. UNAT held that the decision to terminate the Appellant’s services was disproportionate, more drastic than necessary. UNAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

In reviewing the Appellant’s appeal, UNAT found that the decision to terminate the Appellant’s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. UNAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. UNAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

UNAT considered an appeal by the Secretary-General. UNAT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the UNDT judgment with interest was excessive. UNAT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. UNAT held that a total of 2. 5 years’ net...

UNAT noted that there was no evidence to support the Appellant’s allegations that the statements of her witnesses were used in their entirety by UNDT and, even assuming that the UNDT had been in breach of its rules of procedure by making those statements, UNAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. UNAT held that the Appellant’s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that UNDT...

UNAT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. UNAT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. UNAT held that the compensation awarded by UNDT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. UNAT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...

UNAT held that the Appellant failed to establish that the UNDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, UNAT held that it was new evidence, for which leave was required, in order to adduce it before UNAT. UNAT did not find any exceptional circumstances existed to require it to consider the new evidence. UNAT held that UNDT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

Although the Administration failed to take into account the Applicant’s upgraded performance appraisal, UNAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. UNAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the UNAT Statute. UNAT allowed the appeal in part, modifying the UNDT...

UNAT noted there was a pattern of withholding annual performance reports and salary increments, and that those delays were coupled with the denial of a post for which the Appellant was short-listed but was not filled prior to the Appellant’s retirement. UNAT noted the Appellant was also denied his post, which was abolished due to restructuring. UNAT held that the Appellant was not treated conscientiously and fairly and deserved compensation. UNAT granted the appeal in part and ordered that the Appellant be paid three months’ net base salary as compensation.