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The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024, it did not meet the definition of “administrative decision” within the meaning of art. 2.1(a) of the Tribunal’s Statute.

Because alleged negligence by United Nations officials is not a cause of action available to staff members and is beyond the jurisdiction of the Tribunal, the Applicant could not bring a claim of gross negligence.

The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024. He was required to request management evaluation within 60 calendar days from...

The Application was granted in part.

The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year’s net base salary.

In all other respects, the Respondent’s decision is AFFIRMED and the Applicant’s prayers refused.

The UNDT held that imposition of a sanction is not just a mechanical exercise, since the sanction should not be “more excessive than is necessary for obtaining the desired result.

A written censure would have been a suitably “meaningful consequence” and sufficient to impress upon the Applicant the error of his actions. The record indicates that he acknowledged that he should have sought authorisation before registering his company.

The Tribunal therefore finds that the sanction in this case was disproportionate to the misconduct by adding to the written censure an additional, unnecessary...

the Tribunal rules in favour of the Applicant, concluding that she acted in good faith in her efforts to secure her son’s medical treatment and in the subsequent submission of medical invoices for reimbursement.

The Tribunal finds that the contested decision terminating the Applicant’s employment, was, therefore, unlawful.

A witness investigator's act of following the testimony of a Respondent witness while she was testifying contravened the ethical and procedural standards expected of a witness by decision to disregard this fundamental procedural rule not only demonstrates a potential bias but...

In the case at hand there is clearly a lack of mens rea. The Respondent failed to provide any evidence to substantiate the contention that the Applicant unlawfully made any misrepresentation or had any intent to defraud or deceive when submitting her request. She did not knowingly misrepresent or submit falsified documents. She submitted a birth certificate containing the names and occupation of both parents. She did not lie while filling her Questionnaire on Dependency Status (Form P84) as she wrote that she was single, and logically and truthfully answered “N/A” when asked after “is your...

The Tribunal held that the facts upon which the disciplinary sanction was issued were proven by claer and convincing evidence and very serious. The Applicant admitted the facts upon which the discipline was imposted. The Tribunal rejected the Applicant's various arguments for which she failed to return monies erroneously deposited to her personal account by UNFCU, holding that there was no evidence that the Applicant was entitled to Appendix D or separation benefits, that the failure by UNFCU to provide specifics of who had made the erroneous transfer was irrelevant. The Tribunal further...

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...

interpreting medical reports to determine the cause and extent of medical disabilities is the essence of forensic medicine and the result is clearly a medical determination.

this argument seeks to have the Tribunal second-guess the Administration’s finding that the X-ray camera did not fall on the Applicant’s knee in 2017. That is beyond the purview of this Tribunal. In conducting a judicial review of an administrative decision, the Tribunal must defer to the Administration’s factual findings and may not substitute its own decision for that of the Administration. Moreover, it is clear from...

Regarding the non-installation decision, the Tribunal observed that by the time the Applicant reported on duty, the family restrictions at Naqoura (his duty station) had been in place for six weeks, and the conditions had caused the duty station to be granted a special hardship classification of “D”. The existence of armed conflict and the deteriorating security situation made the presence of dependents at the duty station unsafe. Therefore, the decision not to bring the Applicant’s family to the unsafe area was obviously reasonable. The Tribunal, thus, held that the contested decision not to...

The Tribunal noted that the evidence before it indicated that the contested decision was contained in a letter dated 21 May 2024. On 30 May 2024, the Chief of the UNICEF Field Office (“CFO”) met with the Applicant to hand-deliver the sanction letter to the Applicant, but the Applicant did not sign a declaration of receipt. As a result, the CFO noted, “Document read to staff on 30/05/2024, who then refused to acknowledge receipt of the letter”. On the same day, the Administrative Law Unit sent the contested decision to the Applicant via email.

The Tribunal further observed that the Applicant...