51ÁÔÆæ

The staff member filed an application for execution of judgment No. 2015-UNAT-604 (Ocokoru). UNAT noted that in judgment 2015-UNAT-604, it did not make any order affecting the UNDT judgment that was appealed but simply decided that the Secretary-General¡¯s appeal was not receivable. UNAT held that the execution of the UNDT judgment remained within the jurisdiction of UNDT and, as such, it was not competent to grant the staff member¡¯s application. UNAT observed that Article 27 (Execution of judgments) of the UNAT Rules of Procedure, when read together with Article 11.4 of the UNAT Statute...

UNAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. UNAT held that UNDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by UNAT by establishing the critical facts as instructed. UNAT found that UNDT's conclusions were consistent with the evidence. UNAT found no error in the UNDT¡¯s finding that the Appellant failed to establish that the decision not to...

UNAT denied the request for an oral hearing. UNAT held that UNDT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. UNAT agreed with UNDT that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...

As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the UNDT judgment insofar as it had not been appealed against, UNAT denied the motion on the basis that execution should have been requested before UNDT. On the Appellant¡¯s motion to strike assertions and evidence, UNAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, UNAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

As preliminary matters, UNAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by UNAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...

UNAT held that the case was distinguishable from Finniss (judgment No. 2014-UNAT-397) since there was no allegation of bias, discrimination, or any other kind of deteriorated or privileged relationship between the involved candidate and the Deputy CEO. UNAT disagreed with UNDT¡¯s holding that the Deputy CEO should not have acted as a voting member of the assessment panel. UNAT held that in order to exclude the Deputy CEO¡¯s involvement in the selection exercise, there must be reasonable grounds and/or evidence of extraneous or improper motives, of which there was none (except unsubstantiated and...

UNAT held that the case was fully and fairly considered by UNDT. UNAT found no error of law or fact in the UNDT decision. UNAT held that UNDT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. UNAT held that there was no error of fact resulting in a manifestly unreasonable decision. UNAT held that the UNDT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by UNAT. UNAT...

As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the UNDT judgment insofar as it had not been appealed against, UNAT denied the motion on the basis that execution should have been requested before UNDT. On the Appellant¡¯s motion to strike assertions and evidence, UNAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, UNAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, UNAT dismissed the Appellant¡¯s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General¡¯s appeal in Case No. UNDT/NBI/2015/095 related to the issue settlement agreement, UNAT held that UNDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...