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UNAT held that some of the UNDT’s findings were speculative, disregarded the evidence and misapplied the applicable legal framework. In particular, UNAT held that the UNDT erred in finding that the staff member’s conduct was not serious because it endured for a limited duration of time. He not only sexually harassed two women but sexually harassed those two women twice in quick succession. His cumulative behaviour exhibited a disposition, which in this instance caused the complainants significant discomfort and anxiety and impacted on their ongoing professional relationship with him.

UNA...

UNAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. UNAT found that the UNDT appropriately found that the requested compensation in the amount of two years’ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. UNAT found no merit in Mr. Kilauri’s contention that the UNDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Ms. Specker appealed. The UNAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The UNAT noted that Ms. Specker’s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

As regards the request for an oral hearing, the UNAT held that the UNRWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing. The UNRWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the UNAT agreed with the UNRWA DT and upheld...

The Secretary-General's appeal challenged the UNDT order referring the maternity leave decision for accountability. UNAT found that the UNDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the UNDT exceeded its competence since the maternity leave decision had not been challenged before the UNDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...

The management evaluation response was sent to the Applicant on Friday, 7 May 2020, at 10:51 a.m., New York time (EDT), which was 5:51 p.m. in East Jerusalem and Ramallah. UNDP sent the RME Response after working hours in the duty station, at the start of the Applicant’s weekend (which was Saturday and Sunday), and during the traditional weekend in the oPt which is Friday and Saturday. The UNDT therefore determined that the first full day of the delivery of the email was 8 May 2020, which means that the 90-day count under art. 8.1(d)(i)(a) of the UNDT Statute started from 9 May 2020. The...

The scope of judicial review in termination cases due to unsatisfactory service is limited to reviewing whether the appointment was lawfully terminated based on the applicable rules. It is not the role of the Tribunal to conduct a review of the performance evaluation process or to determine a different performance rating. In this case, the Applicant was notified that based on the 2020-2021 overall rating of “does not meet performance expectations” and the 2019-2020 “partially meets performance expectations”, the Administration decided to terminate his continuing appointment. Having examined...

UNAT rejected Mr. Valme’s claim that the allegation of sexual exploitation and abuse had not been established against him, on grounds that any consideration about the complaint of sexual abuse was beyond the scope of the case, because his application concerned other prohibited conduct that came to light during the investigation. UNAT found no merit in Mr. Valme’s contention that the UNDT failed to consider the totality of the evidence and referred to it in a selective way, thereby displaying bias. UNAT found that it was inherent to the principle of judicial persuasion that courts and...

UNAT disagreed. First, the Tribunal reasoned that the JAB did not engage in a critical analysis of the facts of the case and did not apply the law to the facts in order to ascertain whether the exercise of discretion was lawful. UNAT concluded that the JAB Decision was arbitrary and did not meet the minimum requirements of providing a reasoned analysis. Second, on the merits, UNAT found the Administration did not notify the staff member of his shortcomings in sufficient time. Neither did It provide the staff member with explicit measures against which his performance would be evaluated. Third...

UNAT affirmed the UNRWA DT Judgment. Regarding the deduction of a sum of money from his separation benefits, UNAT agreed that this claim was not first submitted for decision review. Regarding his separation from service without termination indemnity, UNAT also found no error in the UNRWA DT Judgment. The Tribunal agreed with the UNRWA DT that the bank statement did not contain the correct amount and that the invoices he submitted did not relate to genuine purchases. UNAT was satisfied that: (i) the facts on which the disciplinary measure was based had been established by clear and convincing...