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UNAT considered the appeals by the Secretary-General and by Mr Abubakr. Regarding the Secretary-General’s appeal, UNAT agreed with UNDT that the Administration had failed to address Mr Abubakr’s complaint of harassment and discrimination with the required due diligence. UNAT held that UNDT had not erred in law and fact in choosing not to recognize, in any way meaningful, the majority of the actions relied on by the Secretary-General to address Mr Abubakr’s complaints. UNAT held that, by virtue of the “dysfunctional” work of the Panel on Discrimination and Other Grievances (PDOG), Mr Abubakr...

UNAT held that UNDT was correct in finding that “consideration” of a candidate for the purposes of ST/AI/2006/3 did not necessarily mean that a candidate can only be meaningfully considered once the relevant assessment tools have been administered to the candidates and the outcome communicated to them. UNAT held that the fact that the Administration invited the 30-day mark candidates to undertake a written test before the assessment of the 15-day mark candidates was completed did not mean that the Appellant was not afforded priority consideration. UNAT noted that the written test had taken...

UNAT held that UNDT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at UNODC. UNAT agreed with UNDT that, as a result of the Secretary-General’s broad discretion in relation to decisions on internal management, the issuance of the policy by a “Message of the Day” was subject to limited review by the Tribunal. UNAT affirmed UNDT’s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...

The Appellant appealed the amount of damages awarded by UNDT and claimed additional compensation for the excessive delay of more than four years, from the date she requested an administrative review to the date of the UNDT judgment. UNAT held that the Appellant had been adequately compensated and noted that, unless she could show that she was singled out to work more than her similarly placed colleagues, it would be difficult to conclude that the Chief demanding a higher work output from the Appellant constituted harassment. UNAT dismissed the appeal and affirmed the UNDT judgment.

On the Appellant’s claims of discriminatory and arbitrary practices, UNAT did not find that UNDT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and UNDT’s findings demonstrated that it took cognisance of all relevant information. UNAT held that there was no error by UNDT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. UNAT held that UNDT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...

UNAT held that the appeal was not based on any of the required grounds. UNAT held that UNRWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. UNAT held that UNRWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. UNAT agreed with UNRWA DT’s observation that it was not enough for the Appellant to merely allege favouritism and yet...

UNAT held that the Appellant’s submissions were largely a reiteration of his arguments before UNDT. UNAT held that UNDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. UNAT held that UNDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. UNAT held that the UNDT’s findings that the advice given to the Appellant regarding uncertified sick leave was correct. UNAT held that the Appellant’s allegation that...

Regarding the non-selection for the Programme Budget Officer post, UNAT held that the Appellant had failed to produce sufficient evidence to prove the impropriety in the decision making. UNAT held that the Appellant had also failed to put forward any specific evidence substantiating her claim of discrimination, bias, and retaliation to warrant a reversal of the UNDT’s findings. Regarding the cancellation of the Administrative Officer post, UNAT held that the Administration had provided sufficient evidence to show that the cancellation of the post was based on Organisational and budgetary...

UNAT held that there was no reason to interfere with UNDT’s finding that the Appellant had not established the existence of a decision capable of giving UNDT jurisdiction to embark upon a consideration of his complaints. UNAT held that UNDT had correctly determined that the application was not receivable ratione materiae. UNAT held that UNDT should not have embarked on a consideration of substantive issues, such as staff consultations and discrimination arguments, but instead should have confined itself to the issue of receivability. UNAT dismissed the appeal with regard to the receivability...

UNAT considered an appeal by the Secretary-General. UNAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. UNAT held that the test for apparent bias applied by UNDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. UNAT held that UNDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...