51ÁÔÆæ

UNAT held that the Secretary-General was duty-bound to implement decisions by the ICSC as directed by the General Assembly and that for the most part, such decisions are of general application and therefore not reviewable. UNAT held, however, that where a decision of general application negatively affects the terms of appointment of a staff member, such decision shall be treated as an ¡°administrative decision¡± within the scope of Article 2. 1 of the UNDT Statute. Based on the staff member¡¯s Personnel Action Forms, before and after implementation of the ICSC¡¯s renumbering exercise, UNAT held...

On the question of maintaining confidentiality, UNAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. UNAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member¡¯s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. UNAT held that the specific provisions of ICAO¡¯s personnel instruction should have led to a...

UNAT considered the Appellant¡¯s appeal of both UNRWA DT decisions. UNAT noted that UNRWA DT gave full consideration to the Appellant¡¯s claim that the transfer was a disguised disciplinary measure following allegations of her corporal punishment of students. UNAT noted that there was evidence that, prior to her transfer, the Chief, Field Education Programme had dismissed these allegations as unsubstantiated and it was not until almost two months after the transfer that the Jordan Field Office authorised an investigation. UNAT held that UNRWA DT therefore correctly concluded that the Appellant¡¯s...

UNAT considered the Secretary-General¡¯s appeal, specifically the question of whether Mr Wilson¡¯s circumstances were sufficient to vitiate the Assistant Secretary-General of OHRM¡¯s decision. UNAT recalled the criteria set out in Sanwidi, 2010-UNAT-084 (para. 42), according to which it can interfere with an administrative decision. UNAT found that there was no basis for UNDT to conclude that ¡°no proper consideration was given to [Mr. Wilson¡¯s] individual circumstances and attributes that may have warranted a legitimate exception in this case. ¡± UNAT found that there was sufficient basis set out...

UNAT affirmed the findings of UNDT that Mr Adundo¡¯s application was receivable. UNAT then considered the merits of the Secretary-General¡¯s appeal. UNAT noted that, contrary to the findings by UNDT that the guidelines were violated as the duration of the weapons restriction was not mentioned within the communications between the Chief of the Security and Safety Service and Mr Adundo, it was clear that the restriction would remain in force until Mr Adundo was ¡°ready to obey lawful commands¡±, which was for him to attend weapons training for a security breach. UNAT upheld the Secretary-General¡¯s...

UNAT affirmed UNDT¡¯s finding and held that ¡°the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision¡± all support the conclusion that the Administration¡¯s response to a request for management evaluation is not a reviewable decision. UNAT noted that the response to a request for management evaluation is an opportunity for the Administration to resolve a staff member¡¯s grievance without litigation and not a fresh decision. UNAT dismissed the appeal.

UNAT held that the Appellant¡¯s argument regarding the time limits was misconceived since UNDT had not declared the application non-receivable because the Appellant had failed to respect the time limits for filing an application, rather it declined jurisdiction on the basis that he had not sought timely management evaluation, i. e. , within the requisite sixty days of the contested decisions, as required by Staff Rule 11. 2(c). UNAT held that the exercise of determining the date of an implied administrative decision should be conducted by determining when the staff member knew or should...

Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, UNAT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. UNAT held that UNDT erred in its findings that the Application was not receivable. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the case to UNDT for consideration on the merits.

UNAT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, UNAT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. UNAT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

UNAT held that the fact that the non-renewal decision was communicated verbally was, by itself, of no consequence since there is no explicit requirement in law for such notification to be in writing. UNAT noted that Staff Rule 11. 2(c) does not require a written notification as a prerequisite to contest an administrative decision. UNAT affirmed the UNDT judgment dismissing the staff member¡¯s application but set aside it's finding that the application was receivable.