51ÁÔÆæ

The staff member submitted a claim for compensation for an injury attributable to the performance of official duties. The Advisory Board on Compensation Claims found her claim time-barred. She requested the Advisory Board to reconsider her claim and attached a new claim form, which stated a new date of the injury. She subsequently filed many claims and requests for reviews of alleged decisions and ¡°non decisions¡± concerning the processing of her claim.

The UNAT noted that it had rendered its prior Judgment in which it held that the staff member¡¯s application challenging alleged decisions and...

The UNAT noted that in its prior Judgment the UNAT had found that the staff member knew or reasonably should have known of the contested decisions from the date he was notified by email of the reclassification of his post, or at the very latest on the date the initial job opening was advertised on Inspira.

The UNAT held that the alleged new fact that the vacancy for the post was filled 13 months after the staff member left the Organization would not have materially impacted the outcome of its prior Judgment. The UNAT accordingly found the application for revision not receivable ratione...

The UNAT found that the UNDT did not err in finding that Ms. Johnson-Simmons¡¯s claim to compensation for unpaid taxes not receivable, as not only did Ms. Johnson-Simmons fail to identify the contested administrative decision regarding reimbursement for income tax payments, but she also admitted that she did not submit the matter for management evaluation, and there was no indication that she had paid any taxes.

The UNAT found that Ms. Johnson-Simmons knowingly and intentionally concealed relevant information about her changed residency status from the Organization, and she also willfully...

The UNAT found the UNRWA DT erred in law and in fact, resulting in a manifestly unreasonable decision, when it failed to properly consider Section 66 of UNRWA Area Personnel Directive No. PD/A/4/Part II/Rev. 7/Section I, which is geared toward ensuring gender balance, and when it took the irrelevant consideration of the recommendation of the third candidate into account, leading it to erroneously set Ms. Al Dawoud¡¯s chances for selection at 50 per cent instead of 100 per cent. The UNAT held that Section 66 expresses a preference for selection of candidates who are in the under-represented...

The UNAT held that entering the former staff member's name into the ClearCheck database was because of the Administration¡¯s final determination that he sexually abused and sexually harassed the Complainant, and as the entry precludes him from any future employment in the United Nations common system, it was effectively a disciplinary measure and should be reviewed as such.

The UNAT found that the Secretary-General¡¯s appeal regarding the engagement of a psychology expert in UNDT Order No. 053 was receivable. The UNAT found that the UNDT, by engaging an expert to ¡°analyze the facts¡± and ¡°ask...

The UNAT held that it did not have personal jurisdiction over Ms. Fogarty because she was a former staff member of the IMO and the decision that she challenged, the IMO¡¯s failure to investigate the Director of Administration, did not impact the terms of her former employment.The UNAT noted that it had already determined in Judgment No. 2026-UNAT-1620 that there was no negative consequence to Ms. Fogarty from the conduct that she complained of by the Director of Administration, with respect to Ms. Fogarty¡¯s claim to Appendix D benefits. Other than the Appendix D claim, which was adjudicated...

The UNAT noted that in his application, the staff member had clearly identified the contested decision as the Pension Fund¡¯s email which informed him that his pension benefits had already been paid and there were no further entitlements.

The UNAT noted that he had not requested a review of the decision or filed an appeal to the Standing Committee of the Pension Board but rather had filed a request for management evaluation and then appealed to the Dispute Tribunal. The UNAT held that, as such, he had not followed proper procedure under the rules of the Pension Fund.

The UNAT concluded that the...

The UNAT noted that the staff member had requested management evaluation 64 days after he was informed of the contested decision.

The UNAT found no merit in the staff member¡¯s arguments that the delay in requesting management evaluation had been minimal or that his permanent incapacity constituted a force majeure which the UNDT was obliged to consider.

The UNAT found no error in the UNDT finding the application not receivable ratione materiae.

The UNAT dismissed the appeal and affirmed the UNDT Judgment.

The UNAT held that BK¡¯s appeal of a case management order does not fall in the narrow set of cases where the UNDT manifestly exceeded its jurisdiction or powers in determining an interlocutory issue. His requests for anonymity in both of his UNDT cases were granted, and there is no indication that despite anonymity, any identifying material could have been disclosed in any of the publicly available records. Nor did the UNDT¡¯s decision to proceed to final judgment exceed its jurisdiction.

The UNAT held that the UNDT¡¯s denial of BK¡¯s inadequately supported requests for a stay, and proceeding to...

The UNAT found that the staff member failed to provide any grounds for his appeal as he did not address the findings of the Appeals Board regarding the non-receivability of his application before the Board, and thereby failed to meet the burden of making a case on appeal. No arguments were made that would have permitted the UNAT to review whether the Appeals Board decision was defective.

The Tribunal dismissed the appeal and affirmed the Appeals Board decision.