51ÁÔÆæ

UNAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. UNAT held that the Commissioner-General¡¯s cross-appeal was receivable. UNAT agreed with the findings of UNRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. UNAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

On the amount of compensation in lieu of rescission, UNAT held that UNDT correctly applied Article 10(5) of the UNDT Statute. UNAT held that there was no fault with the UNDT¡¯s award of compensation of USD 2,000, noting that UNDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. UNAT held that absent any error of law or manifestly unreasonable factual findings UNAT would not...

UNAT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. UNAT held that the Appellant merely reiterated allegations already thoroughly examined by UNDT. UNAT held that the Appellant failed to demonstrate any error in the UNDT findings such as to warrant its reversal. UNAT held that there was no merit in the appeal. UNAT dismissed the appeal and affirmed the UNDT judgment.

As a preliminary matter, UNAT denied the Appellant¡¯s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. UNAT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to UNDP. UNAT held that the recommendation by OAIS was not an administrative decision. UNAT held that UNDT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...

Having decided that an oral hearing would not ¡°assist in the expeditious and fair disposal of the case,¡± as required by Article 18(1) of the RoP, UNAT denied the Applicants¡¯ request for one. UNAT also decided that the Appellants could not introduce additional evidence since that evidence had not been presented before UNRWA DT and no application had been made to UNAT to be allowed to submit that evidence on appeal. UNAT noted that an appeal is not receivable where an Applicant bypassed the jurisdiction of the first instance Judge, by directly lodging an appeal with the Appeals Tribunal against...

UNAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. UNAT held that accounting for factors such as UNAMID¡¯s scorecard with respect to gender targets and the selected candidate¡¯s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General¡¯s discretion to do so. UNAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. UNAT held that the Appellant was unable to show through clear and...

UNAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. UNAT denied the Appellant¡¯s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. UNAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. UNAT held that the UNDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. UNAT held that UNDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

UNAT considered the Appellant¡¯s request for an oral hearing and claims for moral damages and reinstatement. UNAT held that the factual and legal issues arising from the appeal have already been clearly defined by the parties and did not find that an oral hearing would ¡°assist in the expeditious and fair disposal of the case. ¡± To that end, UNAT denied the Appellant¡¯s request for an oral hearing. UNAT found no fault with UNRWA DT¡¯s conclusion that it was highly probable that the Appellant had a leadership role in the armed clashes of 18 June 2015. UNAT held that there was no evidence to suggest...

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...

UNAT rejected the Appellant¡¯s request for an oral hearing. UNAT held that UNRWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter¡¯s employment situation. UNAT held that UNRWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant¡¯s request for SLWOP and, consequently, that there had not...