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The UNAT found that the UNDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the UNAT found that the UNDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General’s witnesses. The UNDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation’s findings. The UNAT found that the UNDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

It was established by the evidence on record that the Applicant engaged in unauthorized contacts with Member States and the EU, media outlets and social media. It was also undisputed that said external communications included allegations that the UN and its officials were involved in serious acts of misconduct and crimes of international law, including complicity in genocide.

What was left to be determined was whether the Applicant had a lawful justification for her conduct under the Protection Against Retaliation (PAR) Policy, and whether said conduct legally amounted to misconduct.

With...

The UNAT held that there was a clear disjunct in the UNDT’s decision to grant Mr. Nair’s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision. The UNAT noted the confusion presented by UNDT’s finding that “no misconduct occurred at all”, while at the same time accepting that Mr. Nair had “repeatedly reacted and used hostile language” which justified, in the UNDT’s view, the imposition of administrative measures. The UNAT held that the administrative measures under Staff Rule 10.2(b)...

The Tribunal observed that there was no dispute with respect to the material facts of the case. The Applicant was subject to an investigation and disciplinary process while employed at UNOPS, had his appointment terminated for misconduct, and did not disclose this information in his PHP when applying for the position at the UNLB, UNGSC.

The Applicant's attempts to justify his conduct were both illogical and not grounded on evidence.

False claims and misrepresentations of qualifications on PHPs constitute serious misconduct for violating the legal framework. The Applicant's conduct was not an...

The application is denied.

The allegations that the Applicant improperly used his UNDP-issued laptop to access websites that contained pornography and other sexually explicit material and advertised escort services, has been established by clear and convincing evidence based on the investigations forensic report of his computer, the Applicant's partial admittance and several contradictions.There is also clear and convincing evidence that the Applicant engaged in three instances of unauthorised outside activities by being the Director and major shareholder of a company, and engaging in other business ventures in...

In sum, considering the nature and gravity of the Applicant’s misconduct, as well as the past practice of the Organization in matters of comparable misconduct, the Tribunal finds that the imposed disciplinary and administrative measures were adequate in light of the Administration’s scope of discretion in this matter.

The UNAT held that there was no reason why the Appeals Tribunal should intervene and modify the UNDT’s findings, which were both reasonable and equitable. The UNAT noted that while the hiring of the casual workers was not part of Mr. Saleh’s official duties, Mr. Saleh coordinated and supervised the work of the UNHCR implementing partner which was responsible for hiring at the warehouse, and Mr. Saleh also had the function of overseeing the warehousing operations. Given these responsibilities, as well as his previous intense involvement in the setting up and management of the warehouse, which...

The Appeals Tribunal rejected AAD's request for an oral hearing because she provided no persuasive reasons in support of her request.

UNAT held that the Dispute Tribunal erred in determining whether the established facts qualify as misconduct and whether the disciplinary sanctions were proportionate. In its Judgment, the Dispute Tribunal also erred by substituting its determination of the appropriate disciplinary sanction for that of the Administration and, as such, the UNAT concluded that the UNDT Judgment must be vacated. AAD said her actions did not amount to misconduct and sought a...

The Applicant contested the imposition of disciplinary and non-disciplinary measures following the completion of a disciplinary process thus, she was not required to request management evaluation as per staff rule 11.2(b). In accordance with art. 8.1(d)(ii), her application should have been submitted directly to the UNDT within 90 calendar days of her receipt of the administrative decision. The Applicant received the sanction letter/contested decision on 1 April 2022, which meant that she had to file her UNDT application on or before 30 June 2022 to be within the prescribed time limits. She...