51ÁÔÆæ

UNAT dismissed the Appellant¡¯s motion for leave to file additional pleadings on the basis that he had not demonstrated any exceptional circumstances. UNAT rejected the Appellant¡¯s request for costs as there was no reason to believe that the submissions of the Secretary-General were not made in good faith or were an abuse of process. UNAT held that the Appellant did not have a right to promotion but only a right to be considered for promotion. UNAT held that the Appellant received full and fair consideration for the position. UNAT also affirmed UNDT¡¯s application of the priority consideration...

UNAT held that the Appellant had demonstrated no exceptional circumstances which would justify UNAT exercising its discretion to file additional pleadings. UNAT held that an application before UNDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. UNAT held that the...

UNAT held that the appeal was entirely without merit. UNAT held that UNDT was correct to find that the facts supporting the disciplinary measure had been established and to conclude that those facts amounted to misconduct. UNAT supported the reasoning of UNDT in rejecting the Appellant¡¯s attempts at exoneration, namely that factors such as whether or not her husband was qualified for the job or the other candidate secured another position did not change the existence of a conflict of interest and the way in which the integrity of the process was compromised. UNAT held that UNDT correctly found...

On the delay before UNDT, UNAT agreed that the delay was unfortUNATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. UNAT held that UNDT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. UNAT held that UNDT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. UNAT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

Ms Rockcliffe filed an application for execution of UNAT judgment No. 2017-UNAT-807. UNAT held that the crux of the matter for determination was whether Ms Rockcliffe¡¯s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of UNAT¡¯s order in the judgment. UNAT held that, although UNAT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. UNAT held that it was egregious that UNJSPF re-submitted that the previous decision not to give Ms Rockcliffe...

The Secretary-General appealed UNDT¡¯s finding that the contested decisions to abolish Ms Nouinou¡¯s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. UNAT held that UNDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. UNAT held that there was no administrative decision to terminate Ms Nouinou¡¯s contract prior to its expiration and...

The UNDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, UNAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that UNDT had committed any error of fact or law in arriving at its decision. UNAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, UNAT found no reason to differ from the UNDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...

UNAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before UNDT for its consideration, UNAT should not consider them. UNAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. UNAT held that UNDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant¡¯s fixed-term appointment. UNAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

As a preliminary matter, UNAT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst UNAT held that the Appellant failed to identify any errors of law or fact by UNRWA DT as required under Art 2(1) UNAT Statute, UNAT did go on to consider his appeal as he was not represented. UNAT held that UNRWA DT had correctly applied the standard of review for disciplinary cases and that UNRWA DT¡¯s exercise...

UNAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. UNAT waived the deadline for appeal and held the appeal to be receivable. UNAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before UNDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant¡¯s claims relating to the use of and access to the closed-circuit television (CCTV) video...