2019-UNAT-942, El Shaer
UNAT held that the staff member had not voluntarily absented himself from duty. Rather, he reported for duty throughout at the office he had been re-assigned to, his whereabouts were known to the Agency and he clearly did not intend to abandon his position. As to the staff member鈥檚 refusal to report to his original position as instructed, UNAT held that his conduct might have been a performance or conduct issue open to censure or discipline. However, UNAT held that the Agency failed to determine if the conduct constituted insubordination and, if so, a proportional sanction. Instead, UNAT held...