51ÁÔÆæ

UNAT held that it was not competent to revise the judgments of the former UN Administration Tribunal. UNAT held that the appeal was not receivable and dismissed the application.

UNAT held that the appeal was time-barred and not receivable. UNAT held that the time limit for filing an appeal may be suspended, waived, or extended, only in exceptional cases and upon a written request by an appellant prior to the filing of an appeal, which the Appellant failed to submit. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellant had failed to show how UNDT exceeded its jurisdiction or competence or failed to exercise its jurisdiction. UNAT held that the Appellant had not identified an error on a question of law. UNAT held that it had no reason to disagree with UNDT¡¯s holding that no institutional prejudice, or retaliation, played a part in the non-renewal of the Appellant¡¯s contract. UNAT noted that the decision to take the Appellant¡¯s portfolio away from him had been taken before he had made any report of wrongdoing. UNAT noted that the Appellant¡¯s non-selection for the 11 posts involved...

UNAT held that UNDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant¡¯s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. UNAT held that UNDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. UNAT held that UNDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. UNAT held that it was not persuaded that UNDT made any errors of...

UNAT considered an appeal by Ms Rolland and a cross-appeal against the award of damages by the Secretary-General. UNAT held that the selection process conducted by an interview panel can be rescinded under rare circumstances. UNAT noted that, in general, when candidates have received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration, the selection shall be upheld. UNAT held that Ms Rolland failed to discharge the burden of proof, by showing through clear and convincing evidence that she was...

UNAT was not persuaded that UNDT erred in its judgment. UNAT held that, at the time of receipt of his settlement offer, the time limit to file the application to UNDT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. UNAT held that the exceptional suspension of time limits provided for under Article 8(1) of the UNDT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. UNAT held that the settlement...

UNAT held that UNDT erred in deciding to review the non-attribution issue separately from the other issues. UNAT held that the appeal was receivable because UNDT had committed an error in procedure such as to affect the decision of the case. UNAT upheld the appeal, annulled the judgment and remanded the case to UNDT for a de novo review.

UNAT considered an appeal by the Secretary-General limited to Case 2. UNAT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. UNAT held that UNDT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. UNAT held that UNDT committed...

The staff member appealed on the ground that UNDT had made errors of fact in the judgment. UNAT recalled that in order to overturn a finding of fact, UNAT must be satisfied that the finding is not supported by the evidence or that it is unreasonable. Some degree of deference should be given to the factual findings by UNDT as the court of first instance, particularly where oral evidence is heard. UNAT dismissed the appeal finding that there were no grounds for overturning the UNDT¡¯s findings of fact and that no other reversible errors were made.

UNAT considered an appeal of UNDT Order No. 50 (GVA/2010) by the Secretary-General. UNAT held that the issue under consideration was settled, as UNAT had consistently held that UNDT had no jurisdiction to waive deadlines for management evaluation or administrative review. UNAT held that UNDT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. UNAT allowed the appeal and set aside the UNDT Order.