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The Rules of Procedure of the Appeals Tribunal (which were also approved by the General Assembly), expressly provide that “published judgements will normally include the names of the parties.” Even if names were within the ambit of “personal data”, it appears clear that this Tribunal must balance the need for accountability with the need to protect personal data according to the circumstances of each case. In so doing, it is the general practice of this judge to avoid using names, other than the parties, to protect the anonymity of innocent persons somehow involved in the case. As a victim of...

The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY’s conduct, the UNDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS. The fact that AAY chose not to testify at the UNDT hearing made it clear that he stood by his statement to the OIOS investigators. The UNDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence. The fact that the three witnesses...

The UNAT held that the UNDT did not err in finding that the staff member’s action of gifting a sex toy to a subordinate was inappropriate, as it transgressed the boundary between the professional and personal life of the subordinate, even if the event took place in private. Whether solicited or not, it had the potential to negatively impact the image and interests of the Organization. Consequently, the UNAT concluded that by doing so, the staff member failed to uphold the required standard expected of her role as a manager.

The UNAT also found that the UNDT committed no error in finding that...

The UNAT found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the UNAT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...

The Tribunal held:

1. The Applicant repeatedly engaged in attempts of corruption by requesting money from at least six refugees in exchange for promising UNHCR services that should have been provided without charge. As a consequence, the decision to dismiss the Applicant was lawful.

2. The facts which the Applicant was accused of were proved in a consistent and unequivocal manner, and the Respondent fulfilled his burden to prove that the Applicant took bribes from some refuges, or at least that she asked for them.

3. The disciplinary measure was not based solely on anonymous statements...

The UNAT held that the UNDT did not err in finding that the disciplinary measure imposed was lawful.

The UNAT rejected the former staff member’s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The UNAT held that this argument was not admissible, as it had already been presented before the UNDT.

In any event, the UNAT determined that the decision from DWB constituted a...

The Tribunal recalled that the regulatory framework on termination for facts anterior does not limit it to cases where there has been a proven prior factual finding of misconduct or a conviction of crime. What is required is that there must be a fact anterior that detracts from the suitability of the prospective recruit due to concerns of efficiency, competence, and integrity. The fact must be of so serious a nature that it would have precluded the staff member’s appointment if it had been disclosed to the Organization during the recruitment process.

In the instant case, the Tribunal...

ST/AI/2020/5 only applies to selection decision where the selection decision is made from either (a) “a list of candidates” that was “endorsed by a central review body” or (b) a competitive examination roster. None of these situations apply in this case. It is unchallenged that the contested selection decision was governed by ST/AI/2010/3/Rev.1 (Staff selection system), which in sec. 3.1 provides that “[t]he process leading to selection and appointment to the D-2 level shall be governed by the provisions of the present administrative instruction”. As per sec. 7.7 of ST/AI/2010/3/Rev.1, for a...

The Tribunal found that the Applicant failed to show by clear and convincing evidence that she was denied a fair chance of promotion. The contested decision was lawful as the Administration appropriately exercised its discretion in matters of staff selection. The Tribunal found no evidence to support the Applicant’s view that her involvement with “contentious” discussions with DGACM management as a Staff Union representative has any bearing on the interview process for the contested position.

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration’s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...