51ÁÔÆæ

On receivability, UNAT held that the appeal was receivable insofar as it related to the UNJSPF decision to deduct child support from the Appellant¡¯s pension in accordance with Article 45 of the UNJSPF Regulations. As to the appeal related to repayment of a sum paid directly to the Appellant¡¯s estranged spouse as child¡¯s benefit under Article 36 of the UNJSPF Regulations, UNAT held that this aspect was not receivable for failure to challenge in a timely manner the decision and that his claim regarding due process with respect to direct payments under Article 36 had no merit. On the merits of...

UNAT considered an appeal by the Secretary-General. UNAT held that although UNDT did not expressly rescind the impugned decision to withdraw the offer of appointment, the award of compensation in lieu of rescission could be read as an implied order of rescission. UNAT held that UNDT gave no reasoning for the calculation of compensation, nor did it specify what amount corresponded to in-lieu compensation and what amount as compensation for loss of opportunity. UNAT awarded three months¡¯ net base salary as compensation in lieu of rescission of the impugned decision to withdraw the offer of...

As a preliminary issue, Mr Chhikara brought a motion seeking leave to adduce additional evidence in the form of an affidavit setting out his credentials for the post and credentials of the selected candidate, claiming that he was not aware that this information was relevant at the time he made his initial submissions. UNAT refused this motion on the basis that no exceptional circumstances were demonstrated and that Mr Chhikara¡¯s explanation that he only realized the relevance of additional evidence after the UNDT decision did not escape the fact that it was known to him at the time. As another...

UNAT refused the Appellant¡¯s application for an oral hearing. UNAT held that the eleven new grounds of appeal raised by the Appellant for the first time on appeal were not receivable. They were for the most part alleged minor procedural defects that in all probability if proven, would have minimal, if any, impact on the fair and full consideration received by the Appellant. UNAT held that the reasoning of UNDT was sound and unassailable, that it correctly determined the issues and dismissed the Appellant¡¯s grounds of review for sustainable reasons. UNAT held that it was unable to identify any...

UNAT considered a request for revision of judgment. UNAT held that Mr Saeed had not presented any new and decisive fact and that therefore his application was without merit. UNAT dismissed the application for revision.

UNAT considered an application to UNAT contesting the Conciliation Committee¡¯s decision to recommend compensation of USD 35,000. UNAT dismissed the motion of Ms Cohen seeking reconsideration of a UNAT Order granting the ICJ Registrar additional time to file his answer. On Ms Cohen¡¯s application for permission to reply to the ICJ Registrar¡¯s answer on the grounds that neither the ICJ Registrar nor the Conciliation Committee addressed the testimony on record in their decisions, UNAT considered that exceptional circumstances existed and granted the motion. UNAT held that, absent a successful...

UNAT held that UNDT committed an error of law. UNAT held that the record did not support the finding that the Appellant was notified for the purposes of Staff Rule 11.2(c) during her June 2014 meetings (or any previous ones) with the effect of triggering the time limits thereunder for her request for management evaluation. UNAT noted that the minutes upon which UNDT based its finding were unsigned, undated, and not shared with the Appellant at the time. UNAT noted that the meetings of June 2014 did not have the aim of notification of the administrative decision of the non-renewal of her...

UNAT considered the Secretary-General¡¯s appeal by a full bench of UNAT. The majority of the judges upheld UNDT¡¯s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for UNDT¡¯s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the UNDT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...

On the amount of compensation in lieu of rescission, UNAT held that UNDT correctly applied Article 10(5) of the UNDT Statute. UNAT held that there was no fault with the UNDT¡¯s award of compensation of USD 2,000, noting that UNDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. UNAT held that absent any error of law or manifestly unreasonable factual findings UNAT would not...

UNAT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. UNAT held that the Appellant merely reiterated allegations already thoroughly examined by UNDT. UNAT held that the Appellant failed to demonstrate any error in the UNDT findings such as to warrant its reversal. UNAT held that there was no merit in the appeal. UNAT dismissed the appeal and affirmed the UNDT judgment.