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UNAT considered an appeal by the Secretary-General. UNAT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by UNDT. UNAT held that UNDT’s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...

UNAT considered an appeal by the Secretary-General limited to the discrete issue of the “Observations” of UNDT. UNAT held that the Secretary-General, despite being the beneficiary of a UNDT judgment in his favour, was entitled to appeal the observations. UNAT held that UNDT overstepped the mark to a significant degree in effectively recording, as part of its judgment, “Observations” in the manner in which it did. UNAT held that, in light of the UNDT’s determination on the issue of receivability, UNDT had no jurisdiction to make “Observations” as it did. UNAT allowed the appeal and ordered that...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct to find that there was no breach of Mr Powell’s due process rights at the preliminary investigation stage. UNAT held that UNDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. UNAT allowed the appeal, set aside the UNDT findings in paragraphs 86 and 106 of the...

UNAT considered an application for revision of both judgment No. 2010-UNAT-098 (underlying judgment) and judgment No. 2011-UNAT-163 (judgment on application for revision). UNAT held that the application for revision of the underlying judgment was not receivable, as it was time-barred for not having been made within one year of the underlying judgment. UNAT held that the UNAT Statute and its Rules of Procedure did not provide for the revision of a judgment on revision and that to allow such an application would defeat the purpose of the one-year time limit. UNAT held that the application for...

UNAT noted that V01 had not been placed under oath before giving her interview and that she did not sign the transcribed version of her interview statement. UNAT held that V01’s transcribed statement, in which she said that the Appellant had raped her and engaged in sex with her, was neither reliable nor trustworthy; it was solely hearsay and insufficient, by itself, to prove the charge that the Appellant engaged in sexual activity with a minor. UNAT held that similarly the other written documents were replete with hearsay and multiple hearsays and were neither trustworthy nor sufficient to...

UNAT considered an appeal by the Secretary-General. UNAT found merit in the Secretary-General’s submission that UNDT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...

UNAT held that the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. UNAT held that UNDT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. UNAT held that UNDT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...

UNAT found that the execution of the UNDT judgment No. UNDT/2014/007 had been suspended following the filing of the Secretary-General’s appeal to UNAT. UNAT held that the UNDT judgment had become duly executable upon the issuing to the parties of judgment No. 2015-UNAT-516 wherein UNAT dismissed the Secretary-General’s appeal against UNDT judgment. UNAT held that the staff member’s motion seeking execution was properly filed before UNAT. UNAT held that the request for execution had been rendered moot by the event that the payment was issued on 22 July 2015. UNAT considered that the only...

The Tribunal rescinds the decision to summarily dismiss the Applicant and Orders: the reinstatement of the Applicant; that the Applicant be paid her salaries and entitlements from the date of her summary dismissal to the date of this judgment with interest at 8%; that the Applicant be compensated for the breach of her right to due process at the rate of two months net base salary; that compensation be fixed, should the Secretary-General decide in the interest of the Administration not to perform the obligation to reinstate the Applicant, at two years’ net base salary at the rate in effect on...

Having considered the parties’ submissions on the matter of the appropriate relief for the Applicant, the Tribunal: (i) Orders rescission of the decision to summarily dismiss the Applicant; (ii) Orders the Respondent to reinstate the Applicant; (iii) Orders the Respondent to make good the Applicant’s lost earnings from the date of his summary dismissal to the date of his reinstatement with interest at 8% less US$ 2,600 per month for the said period; (iv) Orders that the Applicant be served a written reprimand to be filed in his Official Status File for the reasons cited at paragraph 8.1 (iii)...