51ÁÔÆæ

UNAT rejected the request for an oral hearing finding that there was no need for further clarification. UNAT held that the Appellant did not base his appeal on any grounds for appeal in accordance with those established in the UNAT Statute. UNAT agreed with the UNRWA DT¡¯s conclusions about the untimely submission for review of the purported administrative decision approving a new workflow, the non-receivability of the challenge against the directive to the staff of the Finance Department not to take instructions from the Appellant, as well as the intermediate nature of the decision to refer...

UNAT rejected the request for an oral hearing finding that there was no need for further evidence. UNAT held that UNDT had erred in law and procedure when it did not consider the Appellant¡¯s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. UNAT held that it was impossible for the Appellant¡¯s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. UNAT held that the case was similar to the related case disposed...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General¡¯s appeal had no merit, it...

UNAT considered the appeal by the UNRWA Commissioner-General. UNAT confirmed the findings and conclusions of the UNRWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member¡¯s complaints. UNAT held that UNRWA DT had thoroughly conducted the judicial review of the challenged administrative decision. UNAT held that UNRWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. UNAT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...

UNAT held that there was no basis for receiving the Appellant¡¯s motion for additional pleadings (such as exceptional circumstances), that the motion raised no new or compelling arguments and, accordingly, dismissed the motion. UNAT held that UNDT correctly concluded that the application was time-barred and not receivable as a result of the Appellant¡¯s failure to file his application within the established time limits. UNAT noted that the Appellant had been provided two opportunities to make his case before UNDT and on both occasions, he failed to provide the information. UNAT held that failing...

UNAT considered an application for revision of judgment No. 2017-UNAT-737 filed by Ms Likukela. As a preliminary matter, UNAT denied her motion to supply additional filings. UNAT held that Ms Likukela presented no new and/or decisive fact which at the time the judgment was rendered was unknown within the meaning of Article 11(1) of the UNAT Statute. UNAT dismissed the application for revision and affirmed the UNAT judgment.

UNAT held that the requirements for UNAT jurisdiction were fulfilled. UNAT held that the appeal to AJAB was time-barred and also, as the Appellant failed to request administrative review under ICAO Staff Rule 111. 1(5), the appeal to AJAB was not receivable ratione materiae. UNAT held that a later request by the Appellant was not relevant to the question of receivability because although the later request was phrased differently, it was based on the same factual and substantive situation that had already been assessed under her previous, unsuccessful request for review of her post description...

UNAT held that UNRWA DT had correctly determined that the Appellant had failed 51ÁÔÆæ the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. UNAT held that the Appellant had never sought review of the decision to separate him from service, failing 51ÁÔÆæ Article 8.1(c) of the UNRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. UNAT affirmed UNRWA DT¡¯s finding...

UNAT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. UNAT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the UNSPC once they met the prerequisites for election, which they did. UNAT held that both staff members were duly elected members of the UNSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. UNAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as elected...