51ÁÔÆæ

UNAT considered an appeal against UNDT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. UNAT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to UNDT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, UNAT held that UNDT...

The Appellant contested the UNDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. UNAT held that if the Administration does not comply with a Tribunal¡¯s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. UNAT affirmed the UNDT finding that the Administration¡¯s decision must be deemed unlawful, as the Secretary-General refused to comply...

UNAT considered a writ of mandamus from Ms Wesslund, who requested that UNAT order UNDT to accept her applications. UNAT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against UNDT Order No. 100 (NY/2013). UNAT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to UNAT for an extension or waive of the applicable time limits, UNAT held that the appeal of the Order was not receivable ratione temporis. UNAT dismissed the...

UNAT considered appeals from both Mr Schoone and the Secretary-General. UNAT held that, for the reasons set forth in judgment Nos. 2013-UNAT-357 (Malmstrom et al. ), 2013-UNAT-358 (Longone) and 2013-UNAT-359 (Ademagic et al. ), the delegation of authority granted to the ICTY Registrar could not be construed so as to grant him the authority to convert staff members¡¯ fixed-term appointments into permanent appointments. UNAT recalled that in those three cases it had held that the decision-making authority to grant permanent appointments was properly vested in the Assistant Secretary-General for...

UNAT considered an appeal by the Secretary-General and an appeal Ademagic et al. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT held that there was no merit to the Respondent¡¯s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant¡¯s request. UNAT held that the matters could be raised by UNJSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. UNAT held that the Respondent¡¯s arguments that the Appellant¡¯s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. UNAT held that the impugned decision was, in effect, a failure by the...

UNAT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. UNAT held that the Appellant¡¯s failure to object to the Respondent¡¯s late reply before UNRWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant¡¯s claim that UNRWA DT erred when it did not permit him to file a rejoinder to the Respondent¡¯s reply, UNAT held that since the Appellant did...

UNAT addressed both appeals by the Secretary-General in judgment No. 2014-UNAT-418. UNAT held that UNDT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member¡¯s appointment. UNAT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. UNAT dismissed the appeals and affirmed...

UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT rejected the request for an oral hearing finding there was no need for further clarification. UNAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member¡¯s conversion to permanent appointment did not give UNDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. UNAT held that it was not within UNDT¡¯s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...