51ÁÔÆæ

The Tribunal held that: the Applicant had not shown which terms of his appointment or which rules and regulations were violated by the Administration¡¯s failure to reclassify a post he coveted and to budget for it; that he had not shown that the classification process had been completed; and that he was challenging a final decision from that process as per the provisions of ST/AI/1998/9.

The Tribunal further held that the Applicant had failed to identify an administrative decision capable of being reviewed, that is, a final, precise decision taken by a competent authority having direct adverse...

The contested decision identified by the Applicant is not a final administrative decision that is related to the Applicant¡¯s terms of appointment or contract of employment. It is an operational decision of general application that promoted a change in the reporting lines of all staff members serving in that organization. Such a decision is within the scope of the managerial discretion of the organization in question. Accordingly, the application is not receivable ratione materiae.

UNAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that UNDT should have only received her application against the selection decision. UNAT held that the appeal was defective in that the Appellant did not clearly define the grounds of appeal as required under Article 2. 1 of the UNAT Statute, however, UNAT considered the appeal on the basis that the Appellant was self-represented. UNAT rejected the Appellant¡¯s allegation that the case management of UNDT was flawed. UNAT held that the re...

UNAT agreed with UNRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, UNAT held that, contrary to UNRWA DT¡¯s finding, the Administration has the discretion to deny a request to extend a staff member¡¯s service beyond retirement only in exceptional cases and on account of the interests of UNRWA, which must be reflected clearly and precisely in the reasoning for the decision. UNAT held...

UNAT preliminarily rejected the Appellant¡¯s request to present additional evidence. On the merits, UNAT held that the Appellant did not demonstrate that UNDT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. UNAT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. UNAT held that there was no evidence to support the allegations of...

UNAT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. UNAT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. UNAT dismissed the appeal.

UNAT held that UNDT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. UNAT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before UNAT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. UNAT ordered rescission of the contested decision to summarily dismiss the staff...

UNAT observed that the Appellant did not challenge the reasoning of UNDT, but appealed on the ground that the administrative policy in place should be changed because she was promoted but her gross income was reduced. UNAT noted that the Appellant¡¯s pay calculations also took into account other deductions and increases such that her net income increased. UNAT held that the real issue before it was whether UNDT made a reversible error in fact or law such that it must allow the appeal. UNAT noted that the Appellant did not disagree that, on its face, the calculations of her salary were made...

UNAT noted that, even though it found the case non-receivable, UNDT undertook a final review of the Appellant¡¯s allegations and that the case failed on the facts. UNAT held that UNDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. UNAT held there was no basis to disagree with UNDT. UNAT dismissed the appeal.

The Secretary-General filed appeals against UNDT Orders. UNAT determined that, generally, only appeals against final judgments are receivable. UNAT noted that an interlocutory appeal is receivable exceptionally in cases where UNDT has clearly exceeded its jurisdiction or competence. UNAT held that it would not interfere lightly with the broad discretion of UNDT in the management of cases. Further, UNAT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before UNDT could seldom proceed if either party were able to appeal interlocutory...