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The UNAT held that the UNRWA DT did not err in finding that the former staff member¡¯s application was not receivable ratione materiae.The UNAT found that DIOS had no decision-making authority in addressing the substance of his complaint of retaliation and that it undertook its investigation merely as a step in the investigative process that did not amount to a reviewable administrative decision.

Similarly, the UNAT found that the Ethics Office¡¯s determination that it had not been established that retaliation had occurred, and its subsequent closure of the file without further investigation...

The UNAT held that the UNDT erred in finding that the established facts underlying the allegations did not amount to misconduct. It found that the former staff member's sustained participation in exchanges concerning the sharing of non-public information and his communications with M.R., an individual engaging publicly on matters pertaining to the Office of Investment Management (OIM), constituted unauthorized disclosure or, at minimum, participation in unauthorized sharing of non-public information.

The UNAT held that the UNDT erred in characterizing as too vague the allegation that the...

The UNAT found that there was clear and convincing evidence that Mr. Hunt, in coordination with colleagues, was covertly communicating with a news media reporter on the Investment Fund transaction, the approval process, and the former Representative of the Secretary-General (RSG)¡¯s role and had thereby leaked information to the reporter.

The UNAT held that Mr. Hunt failed to prove that his action of reporting possible misconduct within UNJSPF to outside sources was a protected activity under the Secretary-General¡¯s Bulletin on protection against retaliation. The UNAT agreed with the UNDT¡¯s...

The UNAT held that the Secretary-General had not implicitly withdrawn delegated authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (USG/DMSPC) when the Chef de Cabinet sought advice from the USG/DMSPC.

The UNAT held that the UNDT did not err in concluding that the USG/DMSPC reasonably rejected the report of the March 2020 Alternate Chair. The UNAT affirmed that the Administration was empowered impliedly to decline to act on a report that it considered as having exceeded its authorized parameters. Moreover, the UNAT concluded that the USG/DMSPC had the...

The UNAT held that the former staff member¡¯s challenge was to a recommendation of the Alternate Chair of the Ethics Panel, and as an ethics recommendation, it was not an administrative decision subject to judicial review. Thus, the UNDT correctly dismissed this part of the application as not receivable.

The UNAT further found that the Administration¡¯s rejection of the March 2020 Alternate Chair¡¯s report and recommendation could not have been understood by the Ethics Office to be a request to conduct a new review. The UNAT observed that the evidence before the UNDT was that the decision was...

The Respondent argued that the discontinuation of the Applicant¡¯s position was distinct from the non-renewal of his position. The Tribunal rejected this argument. The Tribunal found that the decision-maker linked the discontinuation of the Applicant's post with the non-renewal. The Tribunal held that the discontinuation and non-renewal were inextricably interrelated and therefore the application was receivable. The Respondent¡¯s argument that the claim was not receivable ratione temporis was rejected.

The Respondent¡¯s distinction, while perhaps academically correct, would make receivability no...

Each of the three allegations were serious on their own. The compound nature of the allegations left no possibility for any other punishment than separation. The Organization¡¯s zero-tolerance policy also entails severe punishments for those who engage in harassment (see, for instance, the Appeals Tribunal in Conteh 2021-UNAT-1171, para. 41).

The record indicated that the decision-maker weighed all factors, both mitigating and aggravating, before arriving at the contested decision. Since there was sufficient evidence that all factors were given due consideration, but that the aggravating...

Sec. 10.1 of ST/SGB/2017/2/Rev.1 provides that the action or inaction of the Administration on a recommendation from the Ethics Office under section 8 will constitute a contestable administrative decision under chapter XI of the Staff Rules if it has direct legal consequences affecting the terms and conditions of appointment of the complainant. The Tribunal, therefore, found that the application was receivable.

To determine whether the decision not to implement the March 2020 Alternate Chair¡¯s recommendations was arbitrary, the Tribunal examined the grounds on which it was based.

The...

It is common cause that the recommendations, acts, or determinations of the UNEO are without direct legal consequences and do not constitute administrative decisions. The Administration¡¯s rejection of the March 2020 Alternate Chair¡¯s report did not represent a request to the Ethics Office for its review, i.e., ¡°a review of the review¡±. Available documentary evidence is that, within the applicable legal framework, exchanges took place between the Administration, the Ethics Office and OIOS concerning the acceptance or non-acceptance of the March 2020 Alternate Chair¡¯s report and recommendations...

The Secretary-General filed an appeal.

UNAT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS¡¯s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse¡¯s insistence on working only...