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UNAT disagreed and reversed the UNDT Judgment. The Appeals Tribunal explained that priority consideration is afforded only to redundant staff members holding permanent appointments who have the relative competence and skills for a particular job. Priority consideration is thus premised on candidates first establishing themselves as eligible and suitable for a position. Only then does priority consideration operate to permit their selection. To hold otherwise would require preference to be given to redundant staff members holding permanent appointments despite their lack of skills to...

UNAT held that the UNDT erred both in not permitting the Appellant to call a witness (AA) and in the incorrect conclusions it drew from her hearsay evidence. UNAT held that, to the extent that BB (a non-UN staff member) was a witness adverse to the Appellant, the failure of the Secretary-General to secure her attendance before the UNDT permitted an adverse inference which detracted considerably from the credibility and reliability of her allegations in the OIOS investigation report. UNAT held that little weight could be attached to the evidence of two unidentified UN staff members, to whom the...

UNAT held that UNRWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the UNAT Statute. UNAT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. UNAT held that the Appellant merely repeated arguments raised before UNRWA DT. UNAT accepted UNRWA DT’s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. UNAT held that UNRWA DT made fundamental errors of...

The staff member’s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the UNDT conclusion that the staff member’s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): “… By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant’s personal dignity but also adversely...

UNAT reversed the UNDT Judgment finding that the Contested Decision was never implemented. Noting that the issue of mootness was raised for the first time on appeal, UNAT explained (paras. 32-33): “It is ordinarily impermissible to raise a new point on appeal that is not covered by the pleadings or was not canvassed in the evidence before the UNDT, unless the point is jurisdictional in nature. A question of jurisdiction may always be advanced on appeal for the first time. The reason for the jurisdictional exception is obvious. The principle of legality prohibits the UNDT from assuming a...

Whether the Administration provided a valid and fair reason for the contested decision In determining whether a valid and fair reason exists to terminate the Applicant’s appointment for unsatisfactory performance, the Tribunal will examine in turn the following issues: i. Whether the Applicant in fact failed to meet the performance standards; ii. Whether he was aware, or could reasonably be expected to have been aware, of the required standards; iii. Whether he was given a fair opportunity to meet the required standards; and iv. Whether termination of appointment is an appropriate action for...

UNAT preliminarily rejected the Appellant’s request to present additional evidence. On the merits, UNAT held that the Appellant did not demonstrate that UNDT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. UNAT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. UNAT held that there was no evidence to support the allegations of...

UNAT held, in agreement with UNDT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the UN Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...

As a preliminary matter, UNAT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General’s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. UNAT held that UNDT, in exercising judicial review, may interfere with the exercise of the Secretary-General’s discretion in disciplinary proceedings against a staff member on the ground...

UNAT held that UNDT adequately applied the appropriate principles set out in the former UN Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. UNAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division’s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, UNAT agreed with UNDT that it would have been...