51ÁÔÆæ

UNAT held that there was no merit to the Appellant¡¯s claims that UNDT failed to exercise its jurisdiction or erred in law by using the summary judgment procedure to determine the application was not receivable ratione materiae. UNAT held that the application to UNDT did not challenge an administrative decision that was alleged to be in non-compliance with the terms of appointment or the contract of employment of the staff member, rather the Appellant challenged the MEU¡¯s wording in a letter to him acknowledging the receipt of his grievance or complaint. UNAT held that UNDT did not err in law...

UNAT considered the receivability of the appeal, whether there was a procedural irregularity, and whether the Appellant was entitled to moral damages. UNAT held that the appeal was receivable because it was filed in a timely fashion, according to Articles 7 and 29 of the RoP. UNAT held that UNDT erred in law in finding that the Administration failed to properly notify the Appellant of her non-selection because she knew about her non-selection early enough to timely challenge the decision. UNAT found that UNDT erred in law and exceeded its competence in awarding the Appellant compensation as...

On an appeal by the Secretary-General, UNAT held that UNDT erred in concluding that the applications were receivable. UNAT noted that Article 2(1) of the UNDT Statute limits the UNDT¡¯s jurisdiction to hearing appeals against administrative decisions. UNAT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. UNAT noted that, with the...

UNAT considered whether UNRWA DT correctly concluded that the application was non-receivable ratione materiae. UNAT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the UNAT Statute. UNAT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, UNAT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, UNAT...

UNAT considered the appeal and held that UNRWA DT¡¯s judgment was correct. UNAT found that UNRWA DT did not err in holding that the Agency¡¯s decision to deny the Appellant a fifth year of SLWOP was both lawful and reasonable. Further, UNAT held that the Appellant did not establish any grounds of appeal in this regard. UNAT also reiterated that the Appellant did not have an unconditional right to EVR and that the Agency had duly considered his request in accordance with the UNRWA Area Staff Rules and other relevant administrative issuances. UNAT also held that UNRWA DT rightly rejected the...

UNAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. UNAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

As a preliminary matter, UNAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before UNDT, or demonstrate its relevance and materiality. On the merits, UNAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. UNAT held that knowledge of the...

UNAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. UNAT held that the UNDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. UNAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

On the question of the non-renewal of appointment, UNAT held that UNDT correctly concluded that (1) the Appellant¡¯s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant¡¯s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the ¡°decision¡± of the Administration to place adverse material in the Appellant¡¯s official status file and to block him from being rehired, UNAT held there was no final, appealable...

UNAT held that the appeal was entirely without merit. UNAT upheld the UNDT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. UNAT affirmed, albeit for different reasons, UNDT¡¯s final legal conclusion that the Applicant¡¯s application was not receivable ratione materiae. UNAT held that there was no reviewable administrative decision in the Appellant¡¯s application. UNAT held that UNDT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...