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The UNAT dismissed the Secretary-General’s appeal and granted Mr. Rolli’s cross-appeal in part. The UNAT found that the rescission of the termination decision ordered by the UNDT was “pointless” since by the time the case had reached the UNDT, Mr. Rolli’s post had been abolished. The UNAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...

Scope of judicial review In a remanded case, such as the instant one, the Applicant may not expand the scope of claims for remedies contained in her original application and, as such, the Tribunal will not consider her new claims or arguments unless they are essentially related to her original claim in the application. Whether and to what extent the Applicant is entitled to remedies The Appeals Tribunal found in Banaj 2022-UNAT-1202 (see para. 1) that the temporary removal from the Applicant, and reassignment to others, of certain of her functions as Head of UNODC in Albania, was an unlawful...

The logical consequence of rescinding the contested administrative decision would be to remand the case to DHMOSH for a new consideration in light of the Tribunal’s findings in the present case. As the basic legal premise for the contested administrative decision was flawed, the Tribunal find that this would be the most appropriate remedy in the present case (in line herewith, see the Appeals Tribunal in Gueben et al. 2016-UNAT-692, para. 48). In this regard, the Tribunal notes that it has no jurisdiction as to directing the work of a potential medical board or the ABCC. The Tribunal finds...

A false allegation of sexual harassment against the Applicant and the sensitive information regarding V01’s medical history in the present case constitute exceptional circumstances warranting anonymity.

The Administration erred in concluding that the Applicant making inappropriate comments between February and May 2018 constituted harassment of V01 and that the Applicant’s handling of V01’s complaint against Mr. N. constituted harassment and abuse of authority. The Applicant’s due process rights were respected during the investigation and the disciplinary process.

Although not constitutive...

UNAT held that UNDT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.’s complaint], had failed to consider whether the limits of the managerial discretion were respected. UNAT rejected the Secretary-General’s argument that UNDT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General’s sole and exclusive authority in disciplinary matters. UNAT observed that when UNDT rescinded the decision based on the investigatory Panel’s report, it did not draw any...

The only issue on appeal is whether the UNDT judgment’s orders on in-lieu compensation and compensation for moral harm are free of error. In the present case, the UNDT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the UNDT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

The UNDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the UNDT committed several errors of law, its main finding is not put into doubt by the Secretary-General’s appeal. Therefore, in this respect, the Secretary-General’s appeal cannot succeed. UNDT's finding that UN-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

The Tribunal found it most unlikely that—in the hypothesis that the Applicant’s fixed-term appointment had not already been terminated on 9 May 2018—it would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant’s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

UNAT preliminarily rejected the Appellant’s request for an oral hearing via teleconference, noting that his brief of appeal was sufficient and did not require further clarification. UNAT held that the Appellant’s contention that UNDT failed to consider his arguments regarding the former service on a “specialist” post was without merit, noting that this issue was considered by UNDT. UNAT noted that neither UNDT nor UNAT has the authority to amend any regulation or rule of the Organisation, so as to apply the “case by case” consideration to “specialist” staff members during promotion sessions to...

In considering the appeal brought forth by the Appellant, UNAT preliminarily held that the UNRWA JAB erred in finding that the appeal was not receivable due to late filing; UNAT held that it was evident the JAB appeal was filed on time. With regard to the substance of the appeal, UNAT held that it was within UNRWA’s power and discretion to refuse the Appellant’s reinstatement since it had already filled his position. UNAT affirmed UNRWA’s position that there was no error in refusing the Appellant’s reinstatement and dismissed the appeal.