51ÁÔÆæ

On the basis that the Appellant did not raise claims under the UNAT Statute, reargued the claims he presented to UNDT and failed to explain how UNDT erred in deciding his claims, UNAT dismissed the appeal. UNAT held that UNDT did not make any errors of law or fact in denying the Appellant¡¯s application and concluding that the selection process was correctly followed, the candidate was fully and fairly considered and there was no bias or procedural flaw. UNAT held that UNDT properly refused to address the Appellant¡¯s various claims of harassment on the ground that he failed to establish proof...

UNAT considered appeals by both Mr Aliko and the Secretary-General. UNAT held that UNDT correctly concluded that Mr Aliko¡¯s application contesting the decision refusing his request to change nationality for UN purposes was time-barred. UNAT held that UNDT did not err in rejecting as not receivable Mr Aliko¡¯s claims against the decisions on his ineligibility for education grant and on education grant recovery. UNAT held that it was lawful for the Administration to use Mr Aliko¡¯s pending entitlements to recover part of his indebtedness to the Organisation. UNAT held that UNDT erred in concluding...

UNAT held that UNDT erred in unilaterally establishing new starting points for the time to run for the purpose of filing claims with the ABCC that were contrary to the express text of Article 12 of Appendix D to the Staff Rules. UNAT held that this was a case where the staff member failed to appreciate the filing deadlines. UNAT held that ignorance of the law was no excuse for missing deadlines. UNAT held that it was open to the ABCC to find that the Appellant¡¯s explanation for her delay did not constitute exceptional circumstances justifying the waiving of the four-month time limit prescribed...

UNAT had before it three decisions of the Conciliation Committee: the first regarding the establishment of two inquiry panels, Panel One and Panel Two; the second in respect of the decision to place the Appellant on administrative leave with pay, and the third concerning the decision to separate her from service. As a preliminary matter, UNAT did not admit to the case file two motions submitted by the Appellant subsequent to the issuance of judgment No. 2015-UNAT-531, as UNAT held that the documents that she sought to adduce would not assist UNAT with its consideration on the merits. By way of...

UNAT held that UNDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, UNAT held that the Appellant failed to establish that UNDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. UNAT held that his requests for relief were denied, noting that where an irregularity has no...

UNAT considered seven motions submitted by Ms Rangel prior to a judgment on the merits. On the two Motions for Interim Relief, UNAT held that Ms Rangel did not seek an interim measure for temporary relief consistent with the pronouncements of the ICJ Conciliation Committee, but rather she sought interim relief in cases where the Committee had dismissed her applications. UNAT held that since one of the two cumulative conditions under Article 9(4) of the UNAT Statute was not fulfilled, it did not need to further consider the second condition. UNAT denied the requests for interim relief. On the...

UNAT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of UNAT, UNAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. UNAT held that UNDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. UNAT held that the Secretary-General had 51ÁÔÆæ the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...

UNAT considered an appeal of judgment Nos. UNRWA/DT/2013/035 and UNRWA/DT/2014/004. UNAT held that there was no basis to support the Appellant¡¯s claim of legitimate expectations and/or rights for the renewal of his contract. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred with respect to the amount awarded for al damages. UNAT held that UNRWA DT evaluated all the evidence before it and made a reasoned assessment as to the amount of anxiety and stress suffered by the Appellant. UNAT held that it would not lightly interfere with the determination of UNRWA DT. UNAT held...

On the Appellants¡¯ request for an oral hearing, UNAT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants¡¯ request that the appeal be heard by a full bench, UNAT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. UNAT held that: UNDT was competent to review its own competence or jurisdiction; UNDT correctly applied the jurisprudence of UNAT in the definition of...

As a preliminary matter, UNAT denied the Appellant¡¯s application to file a reply to the Secretary-General¡¯s answer and her motion to file additional evidence. On the issue of redaction, UNAT held that the Appellant¡¯s concerns were unfounded because the judgments referenced her professional profile only in a general way and did not detail the confidential matters raised by the Appellant in her submission. UNAT agreed with the findings of UNDT that the previous judgment with the Appellant¡¯s name as written had already been in the public domain for a long time and no useful purpose would be...