51³Ô¹Ï

UNAT first explained that this is a case where the UNDT should have held a hearing to determine the states of mind of those persons who decided that the Staff Member should not have been placed on the roster. The Tribunal defined bias as follows: (paras. 29 - 32) "29. Bias is an element of natural justice which examines not only the mind of the decision‑maker subjectively, but the manifestation of the process of decision-making examined objectively. Put another way, a decision is not only biased if made by a decision‑maker deliberately intending to favour or disadvantage the subject of it for...

UNAT affirmed the UNDT award of compensation for loss of earnings for seven months from the date of the staff member’s separation from service to the date of the UNDT judgment (as an alternative to the order for reinstatement of the staff member) plus an additional amount of two years’ net base salary. The Secretary-General maintained that, while the total of these amounts exceeded the compensation limit of two years’ net base salary, UNDT did not particularize any reasons to justify an increased award under Article 10.5(b) of the UNDT Statute. UNAT held that Article 10.5(b) does not require a...

UNAT held that UNDT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. UNAT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before UNAT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. UNAT ordered rescission of the contested decision to summarily dismiss the staff...

UNAT held that UNDT erred in failing to consider adequately the Appellant’s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the UNDT hearing, which included the opportunity to call evidence and to challenge the Administration’s evidence. UNAT held that UNDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. UNAT allowed the appeal, set aside the UNDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

UNAT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. UNAT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. UNAT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, UNAT held that it...

As a preliminary issue, UNAT held that UNDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. UNAT held that the Appellant failed to demonstrate that UNDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. UNAT held that UNDT did not err by failing to order the Appellant’s...

UNAT found that there was no evidence of damages or injuries in this case. UNAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.

Regarding the allegations that UNDT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, UNAT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. UNAT held that UNDT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

UNAT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. UNAT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the UNDT decision under appeal. UNAT held that the Appellant, consequently, failed to establish that UNDT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. UNAT held that the evidence...

UNAT considered an appeal of judgment No. UNDT/2011/179. UNAT held that the Appellant had failed to demonstrate that UNDT erred in finding that there was no evidence of a conflict of interest or prejudice to his case. UNAT noted that UNDT has broad discretion to determine the admissibility of any evidence under Article 18. 1 of the UNDT RoP and that it had exercised its discretion in deciding not to admit the evidence because it lacked probative value. UNAT held that UNDT had correctly found there were no meaningful indicia of a conflict of interest involving the Chief of OSLA regarding the...