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The Tribunal found that the Administration properly qualified the Applicant’s conduct towards the Complainants as sexual harassment, but found the sanction disproportionate to the offence. The Tribunal is of the view that, while in the assessment of accusations of harassment the test focuses on the conduct itself - and requires an objective examination as to whether it could be expected or perceived to cause offence or humiliation to a reasonable person, being not necessary instead to establish that the alleged offender was ill-intended (see Belkahbbaz UNAT-2018-873, para. 76) -, the lack of...

The Tribunal held that staff members’ obligations under staff regulations 1.2(a), (b) and (f) are not limited to the work environment but also apply in a certain way to their private lives. The Applicant’s actions constituted physical conduct of a sexual nature that might reasonably be excepted or be perceived to cause offence or humiliation to the complainant. There was no doubt that the Applicant’s conduct was unwelcome. The Tribunal found no grounds to review the level of the sanction imposed on the Applicant.

The Applicant was terminated without being given the statutory three months’ notice. Without that notice, the regulatory framework provides that compensation in lieu of the three months’ notice had to be paid. For reasons similar to those stated in Ahmed, the grant of SLWFP to the Applicant for part of the period neither supplants nor equates to the Respondent’s obligation to have given the Applicant his due notice on 10 September 2010. The Staff Regulation and Rules requires the staff member to either be given notice or payment in lieu of that notice. The Applicant in this case received...

UNAT considered an appeal by the Secretary-General. UNAT held that it would not approve the award of compensation when absolutely no harm had been suffered. UNAT agreed with the UNDT that a staff member had the right to be informed of administrative decisions affecting them, however, UNAT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. UNAT vacated the part of the UNDT judgment awarding compensation.

UNAT held that the Appellant was unable to show any illegality of fact, procedure or law in the UNDT judgment which might have compelled it to decide in his favour. UNAT held that to report to work on time, regularly, and without break is a basic duty of anyone who is employed. UNAT held that the Appellant was given a fair hearing before UNDT and the reasons for UNDT dismissing his appeal were valid. UNAT held that the decision not to renew the Appellant’s contract was validly taken and called for no interference. UNAT rejected the appeal.

UNAT held, in agreement with UNDT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the UN Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...

UNAT considered an appeal by the Secretary-General. UNAT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. UNAT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. UNAT...

As a preliminary matter, UNAT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General’s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. UNAT held that UNDT, in exercising judicial review, may interfere with the exercise of the Secretary-General’s discretion in disciplinary proceedings against a staff member on the ground...

UNAT held that UNDT adequately applied the appropriate principles set out in the former UN Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. UNAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division’s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, UNAT agreed with UNDT that it would have been...

UNAT held that her appointment was terminated due to a lack of funding; several of her colleagues also had their fixed-term appointments terminated for the same reason at the same time. UNAT held that the fact that the Appellant may have complained about her working conditions or cooperated in any subsequent preliminary investigation into possible harassment, did not on its face exposes her to the termination. UNAT held that there was no reversible error on part of UNDT. UNAT dismissed the appeal and affirmed the UNDT judgment.