51ÁÔÆæ

UNAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. UNAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

UNAT considered an interlocutory appeal against Order No. 116 and Order No. 126 by Mr Staedler. Regarding Order No. 116, Mr Staedler requested that the Order be rescinded, that Order No. 078 (NBI/2014) be reinstated, and that the Secretary-General¡¯s reply be stricken as untimely. Regarding Order No. 126, Mr Staedler requested that the portion of the Order admonishing him be rescinded and that the Order not be published in its present form. On Mr Staedler¡¯s contention that UNAT should receive the appeal because it was an exceptional case in which UNDT exceeded its jurisdiction or competence...

UNAT held, in agreement with UNDT, that the decision of 23 April 2013 when the Appellant was informed that his post would be abolished on 31 December 2013, constituted the contested administrative decision in the case. UNAT agreed with the Appellant that, in its Order No. 98 (NY/2014), UNDT made no reference to considering receivability as a preliminary issue, however, UNAT held that the Appellant did not establish that such an error resulted in a manifestly unreasonable decision or had any effect at all on the decision. UNAT held that the Appellant¡¯s claim that he did not receive a fair trial...

As a preliminary matter, UNAT denied the Appellant¡¯s application for confidentiality. UNAT rejected the Appellant¡¯s contention that the Senior Human Resources Officer did not have the appropriate authority to take the contested decision and that such power lay only with the Director of Administration. UNAT held, in agreement with UNDT, that the e-mail from the Senior Human Resources Officer conveyed a clear and definite administrative decision with direct legal consequences for the Appellant. UNAT held, in agreement with UNDT, that the subsequent response from the Director of Administration...

UNAT had before it an appeal of judgment No. UNRWA/DT/2014/017. UNAT noted that judgment No. 2013-UNAT-963 was a final judgment and therefore the Appellant¡¯s case was res judicata, which meant that the Appellant was precluded from raising his claim again. UNAT held that UNRWA DT made no error in finding the Appellant¡¯s application manifestly inadmissible and dismissing it without referring it to the Commissioner-General. UNAT held as unsustainable the Appellant¡¯s claim that UNRWA DT erred in law when it considered his application was an application against judgment No. 2013-UNAT-363. UNAT held...

Noting that that the crux of the Appellant¡¯s appeal was that UNDT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, UNAT held there was merit to the appeal. UNAT held that there was no evidence that the Appellant¡¯s claim for moral damages was properly considered by UNDT. UNAT held that on the totality of the evidence, the Appellant had a claim for moral damages. UNAT upheld UNDT¡¯s finding that the recruitment process was flawed in that it was affected by the perception of bias. UNAT granted the appeal in...

UNAT held that it could discern no error in UNDT¡¯s computation of the applicable time limits. UNAT considered that the UNDT decision that it had no jurisdiction to consider the merits of the Appellant¡¯s claim was reasonable and there were no grounds for overturning it. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to UNDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, UNAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. UNAT agreed with the finding of UNDT that the established facts amounted to serious...

UNAT held that the Appellant¡¯s argument that UNDT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. UNAT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of UNDT to determine admissibility and weighing of evidence, UNAT held that there was no merit in the Appellant¡¯s submission that UNDT erred in law and fact when it failed to draw the necessary inference from...

UNAT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. UNAT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant¡¯s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. UNAT held that UNDT correctly concluded that the Appellant¡¯s challenge which related to the comments of...