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The UNAT noted that the staff member had telecommuted from his home country for the entire academic year. The UNAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The UNAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...

The Applicant was under the obligation to act with a minimum level of probity, impartiality, fairness, honesty and truthfulness as required by the established facts (staff regulation 1.2(b)). Also, if it is found that an actual or possible conflict of interest arose out of these facts, the Applicant was obliged to disclose this conflict to his head of office in order to allow UNVMC to mitigate its impact and resolve it in accordance with its own best interests (staff regulation 1.2(m)). Finally, if the Applicant’s involvement in a matter could result in an actual or potential conflict of...

The main issue for the Tribunal’s consideration in this case related to whether the abolishment of the Applicant’s post leading to the non-renewal of his fixed-term appointment was lawful.

The Tribunal defined the issues to be examined in the present case as follows:

Whether the restructuring was genuine;
The evidence on record showed that the restructuring was done within the framework of the UN Secretariat-wide transition of Enterprise Information and Communication Technology (“ICT”) services to the cloud. ESCAP made strategic changes to implement this new approach, leading to the...

The Tribunal was unpersuaded by the Applicant’s claim that his participation in the Staff Day activities was “essentially private conduct not involving [United Nations] resources” or that this was “essentially a voluntary, social event”. The requirements for integrity, probity, honesty and truthfulness under the staff regulations and staff rules are not merely “generic obligations” but are specifically intended to apply “in all matters affecting [a staff member’s] work and status”. [...] Accordingly, the Tribunal found that the established facts in this case amount to misconduct on the part of...

On whether the facts were established by clear and convincing evidence, the Tribunal held that, based on the credible testimony and the other evidence in the record, the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed. The Tribunal found the testimony of the victim to be credible and established that the Applicant had indeed sexually harassed the victim. Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment and which did constitute serious misconduct...

Under “Preliminary Issues”, the Tribunal decided to strike from the record the Applicant’s motion for anonymity and to exceptionally accept the Applicant’s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

There is no evidence that the facts that were taken into consideration to substantiate the investigator’s finding of “prior conduct” were properly investigated up to the threshold of clear and convincing evidence. Therefore, the credibility assessment made by the Administration via the use of prior conduct evidence cannot stand, and the alleged prior conduct evidence was not considered by this Tribunal in its judicial review of the facts.
With respect to the allegation that the Applicant sexually harassed V01, based on the 8 and 21 November 2017 emails, which confirm the Applicant’s...

On whether the facts were established by clear and convincing evidence, the Tribunal found the testimony of each of the Respondent’s witnesses to be credible and the testimony of the Applicant to be not worthy of belief. Based on the credible testimony and the other evidence in the record, the Tribunal held that the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed.

Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment, harassment, and abuse of...

The Tribunal found no procedural flaws in the procedure adopted to investigate and impose the disciplinary action taken.

The Tribunal determined that the application should be denied since the misconduct committed by the Applicant was very serious and there were no mitigating factors. The Applicant refused to supply relevant information even though she knew that it was known that she had a sister working in the Organization.

The disciplinary measure imposed was therefore proportionate and fairly imposed, with full opportunity to respond to questions asked and clarify answers, if necessary.

Since the ABCC was advised by a technical body its decision does not require management evaluation.

The Tribunal determined that the application was properly made but it was denied because the Tribunal could find no fault with the decision of the ABBC to deny the Applicant's claim for an entitlement to compensation for injury and illness incurred during and resulting from employment on the behalf of the United Nations.