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The UNAT found that Article 9(4) of the UNDT Statute regarding the nature of the judicial review that the UNDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The UNAT found that...

The UNAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were “aberrant results” in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the UNAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The UNAT found that the suspension...

The UNAT noted that the staff member had been notified of the reclassification of the post he encumbered by e-mail without comments on the basis for the decision. The UNAT also noted that he had not been promoted to the reclassified post before separation from service.

The UNAT found that the UNDT had correctly determined that the staff member knew or reasonably should have known by the date he received notification of the reclassification or, at the very latest, by the date the vacancy of the reclassified post was advertised in Inspira, that his post had been reclassified and that he had not...

The UNAT was of the view that the UNDT’s analysis of the applicable legal framework governing the education grant, specifically the costs admissible for reimbursement, had been erroneous and the UNDT had exceeded its jurisdiction when it found the promulgation of the amended administrative instruction unlawful. The UNAT found that the UNDT had failed to provide the reasons, facts and law on which it had based its Judgment.

The UNAT held that the fees which were clearly intended to cover extra-curricular activities or general non-academic services, and were not intended to cover administrative...

The UNAT noted that the health insurance premiums imposed by the UPU in 2023 differed according to factors such as age, retirement status and country of residence.

The UNAT held that there was no support for the appellants' contention regarding the principle of solidarity used in the Swiss social security law, as for several years such principle had no longer been applied by the UPU.

The UNAT determined that the rate of the UPU’s contribution did not differ between the various age groups and there was no evidence that the premium increases were inconsistent with the costs the insurance provider...

The UNAT held that the UNDT had not failed to exercise jurisdiction nor committed an error in procedure. The UNAT found that the UNDT had not exceeded its broad discretion in overruling the objections of the staff member’s counsel when it permitted additional questions by the Secretary-General’s counsel and, in any event, the UNDT’s ruling had no material or prejudicial impact on the outcome of the case.

The UNAT found that the UNDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The UNAT...

The UNAT found that beyond reporting the possible prohibited conduct concerning non-compliance with the United Nations financial rules and regulations to the Office of Internal Oversight Services, the staff member had no further interest in law in the conduct of the investigation or its outcome. The UNAT further agreed with the UNDT that there was no basis for his assertion that OIOS had declined to conduct an investigation into his report. The UNAT concluded that the UNDT had not erred in finding the application concerning this decision not receivable.

Regarding the staff member’s complaint...

The UNAT noted that the interview panel had nominated the staff member as one of the recommended candidates for appointment to the post but the Recruitment Report had been erroneously silent as to whether she had been considered on an equivalency basis. The UNAT observed that the advisory committee had subsequently found that her experience did not qualify her for equivalency and that she had not met the educational qualifications.

The UNAT held that because the staff member had been wrongly shortlisted, her participation in the remainder of the recruitment process had been unlawful and any...

The UNAT noted that the staff member had filed numerous and confusing claims and applications that had been the subject of various reviews by the Management Evaluation Unit, the UNDT and the UNAT, all of which essentially attempted to ensure that the Administration continued to pay her benefits for medical reasons after expiration of her fixed-term appointment.

The UNAT held that her submissions failed to identify in precise terms a specific administrative decision capable of being reviewed. The UNAT found that the so-called non-decisions or incomplete decisions identified by her were not...

The UNAT held that the UNDT correctly concluded that the former staff member committed misconduct by repeatedly violating, over more than a year and a half, the rules prohibiting his wife from staying overnight with him in the UNMISS compound of a non-family duty station, without authorization or payment of the required accommodation fees, despite multiple warnings and a prior reprimand.

The UNAT also confirmed that, during a counselling session, the former staff member threatened to kill his wife and any staff member to protect their marriage and his perceived right to cohabitation. It...