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The UNAT held that the UNDT had erred by failing to grant the remedy under Article 10(5)(a) of the UNDT Statute after it had found that the disciplinary decision was unlawful. The UNDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The UNAT remanded the case to the UNDT for determination of the appropriate remedy.

The UNAT agreed with the UNDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the UNAT held that the UNDT had erred in the...

The UNAT rejected Mr. Salon’s argument that the prior UNAT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The UNAT held that Mr. Salon was not seeking clarification of the UNAT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the UNAT Statute’s provisions for an application for interpretation.

The UNAT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the UNAT Judgment was clear...

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The Tribunal found that the 29 February 2024 decision constituted a fresh administrative decision and not a mere reiteration of the 9 August 2023 decision as argued by the Respondent.

Just as a staff member may not reset the clock by repeatedly questioning the original decision, the Organization may not freeze the clock and deprive a staff member of their right to a new decision based on new circumstances.

The substantive issue in this case was whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements. The Tribunal found that the...

Under “Preliminary Issues”, the Tribunal decided to strike from the record the Applicant’s motion for anonymity and to exceptionally accept the Applicant’s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

The challenge against the decision to place the Applicant on a PIP and the outcome of the review of MEU of the contested decisions is not receivable.

The Administration failed to respect the procedural standards expected from the United Nations in proceedings leading to the imposition of a written reprimand. The above-mentioned deficiencies raise doubts about the appearance of impartiality of the investigation and the decision-making process and are thus sufficient to taint the contested decision. Accordingly, the Administration’s decision to issue to the Applicant a written reprimand and...

The UNAT dismissed the Secretary-General’s appeal and granted Mr. Rolli’s cross-appeal in part. The UNAT found that the rescission of the termination decision ordered by the UNDT was “pointless” since by the time the case had reached the UNDT, Mr. Rolli’s post had been abolished. The UNAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...

The Tribunal found it most unlikely that—in the hypothesis that the Applicant’s fixed-term appointment had not already been terminated on 9 May 2018—it would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant’s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

To the extent that the UNDT’s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, UNAT upheld the Order. In every other regard, UNAT upheld the arguments made by the Appellant as to the manner in which UNDT granted the withdrawal request. UNAT held that UNDT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant’s motivation in bringing his application. UNAT ordered that the recital of “Facts” in paragraphs 4 to 7 and “Considerations” in...