51ÁÔÆæ

Noting that that the crux of the Appellant¡¯s appeal was that UNDT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, UNAT held there was merit to the appeal. UNAT held that there was no evidence that the Appellant¡¯s claim for moral damages was properly considered by UNDT. UNAT held that on the totality of the evidence, the Appellant had a claim for moral damages. UNAT upheld UNDT¡¯s finding that the recruitment process was flawed in that it was affected by the perception of bias. UNAT granted the appeal in...

UNAT held that UNDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, UNAT held that the Appellant failed to establish that UNDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. UNAT held that his requests for relief were denied, noting that where an irregularity has no...

UNAT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that UNDT erred on questions of law and fact and exceeded its competence in awarding damages. UNAT held that the reasonable expectation of the duration of Mr Andreyev¡¯s contract was one year and reduced the award of compensation in lieu of rescission. UNAT held that there was no evidence of harm to support the award for moral damages. UNAT granted the Secretary-General¡¯s appeal, reduced the UNDT¡¯s award of compensation in lieu of rescission to nine months¡¯ net base salary, less...

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, UNAT held that there was no merit in the staff member¡¯s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, UNAT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. UNAT held that the staff member had failed to demonstrate any error in the UNDT...

UNAT considered the Secretary-General's appeal. UNAT found that it was uncontested that the Respondent had a fixed-term appointment and emphasized that there is no expectancy of renewal of fixed-term appointments. UNAT held that the Respondent could not rely on general statements to assume that her contract would be renewed and that she was even encouraged to apply for positions that would be published in the coming weeks. UNAT also found that there was no illegality or abuse in the decision to abolish the Respondent¡¯s post and to not renew her fixed-term appointment. UNAT held that UNDT...

UNAT held that UNDT had properly reviewed the contested decision in accordance with the applicable law. UNAT held that there was no error in UNDT¡¯s conclusion that the Appellant¡¯s G-6 post, funded through government contributions, no longer exist on the 1st of August 2013, the day after the expiration of her appointment. UNAT held that the reason provided for the non-extension of appointment was supported by the evidence. UNAT agreed with UNDT¡¯s finding that there was no evidence provided to support the allegation that the contested decision was ill-motivated. UNAT dismissed the appeal the...

UNAT held that, since the Appellant had not made an application to the UNRWA Internal Justice Committee on the issue of the recusal and conflict of interest, it would not permit the issue to be raised for the first time on appeal. UNAT held that the Appellant had failed to establish in his appeal that it was unreasonable for UNRWA DT to conclude that there was no evidence of bias in the decision to abolish his post. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that the central question before it was whether the Organisation complied with its obligation to Ms. El-Kholy to find her a suitable post. UNAT held that the Administration failed in its obligation to demonstrate that all reasonable and good faith efforts had been made to consider the staff member for available and suitable posts within UNDP before terminating her permanent appointment. UNAT held that the Administration¡¯s obligation to find a vacant and suitable post did not shift to the Appellant, regardless of the following: her...

UNAT considered an appeal by the Secretary-General. On the issue of receivability, UNAT held that UNDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. UNAT held that there was no merit in the Secretary-General¡¯s submission that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith¡¯s request for management evaluation and the MEU¡¯s response, on the basis that it was the role of UNDT to adequately interpret and...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...