51ÁÔÆæ

UNAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. UNAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, UNAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

UNAT considered an appeal by the Secretary-General appealed against the UNDT judgment to seek a clarification of the ratio of the judgment with regard to the way in which UNDT had applied the principle of preponderance of evidence and ignored the Secretary-General¡¯s submissions on the basis of ¡°minimal showing¡± that the Applicant had been fairly considered. UNAT held that it would not examine the legal submissions in the appeal since the case had been decided in favour of the Secretary-General. UNAT held that none of the grounds of appeal pleaded was valid under Article 2.1 of the UNAT Statute...

UNAT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. UNDT/2010/038. UNAT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. UNAT held that an appeal against the Order was not receivable because it was not a final judgment rendered by UNDT. Regarding judgment No. UNDT/2010/038, UNAT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. UNAT held that the Appellant had failed to complete his appeal...

UNAT rejected the request for an oral hearing finding that the issues raised on appeal did not require further clarification. UNAT rejected the submission from the Secretary-General that the appeal was time-barred since the appeal was a corrected appeal and, therefore, conform to the requirements of Article 8 of the UNAT RoP. UNAT held that the Appellant had failed to identify one of the five grounds of appeal which could give legal basis to her appeal and that her arguments were the same made before UNDT. UNAT held that the Appellant had failed to establish how UNDT had erred on questions of...

UNAT held that UNDT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. UNAT held that the Appellant had failed to establish that UNDT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General¡¯s answer. UNAT held that the observations would not be taken into consideration. UNAT held that UNDT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant¡¯s contention about the quantum of compensation, UNAT held that UNDT was in the best position to decide on the level of compensation given its...

UNAT considered an application for ¡°reconsideration¡± of Judgment No. 2010-UNAT-029bis. UNAT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. UNAT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib¡¯s appeal was dismissed as non-receivable and without merit, UNAT held that the application for ¡°reconsideration¡± constituted an abuse of the appeals...

UNAT held that there were exceptional circumstances in this case that required a waiver of the time limit, with respect to A/RES/63/253. UNAT held that the JAB showed inconsistency in its treatment of the cases of Tabari and Shehadeh; both cases were decided on the same day by the same panel, but in Tabari¡¯s case there was a split verdict with the majority view being that there was no administrative decision that Tabari could appeal. UNAT held that the Appellant successfully demonstrated the manner in which the anomaly had arisen and noted that the Internal Review Panel took no action to...

In reviewing the Appellant¡¯s appeal, UNAT found that the decision to terminate the Appellant¡¯s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. UNAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. UNAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

UNAT stated that an Application for Interpretation is not receivable if its actual purpose is to have UNAT re-examine its decision, even though its judgments are final and without appeal, or to have it comment on its decision. UNAT held that the applications made under subparagraphs (a) to (g) of paragraph 30 of the appeal, with the purpose of either calling into question the decision or having UNAT issue comments on the decision, were not receivable. UNAT held that the use of the word ¡°annul¡± would not lead to confusion in the mind of a party in good faith because the language of...