51ÁÔÆæ

UNAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of UNAT in terms of Article 10(2) of the UNAT Statute elected to refer the appeal for consideration by the full bench of UNAT. UNAT recalled that an administrative decision is a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects...

UNAT considered the appeal. UNAT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. UNAT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that UNRWA DT committed an error of fact or law warranting intervention by UNAT. UNAT also found that the Appellant failed to demonstrate any error in UNRWA DT¡¯s finding and had not provided any evidence in support of his claims that the Agency¡¯s...

UNAT considered the appeal. UNAT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to UNDT only challenged the decision to terminate his appointment in 2014. UNAT agreed with UNDT¡¯s holding that there was no nexus between the reassignment and the abolition of the Appellant¡¯s post. UNAT also agreed with UNDT¡¯s finding that UNFPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. UNAT denied the Appellant¡¯s request to overturn the impugned judgment on the sole ground of...

UNAT held that the lack of the nationality requirement on the Appellant¡¯s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, UNAT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

UNAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the RoP. UNAT held that Toure is binding precedent on UNDT as it applied to the Appellant¡¯s case and found no fault with UNDT¡¯s judgment.

UNAT considered the appeal. UNAT noted that UNRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. UNAT accordingly found that UNRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, UNAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-UNAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. UNAT...

UNAT considered the staff member¡¯s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former UNAT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. UNAT noted that paragraph 2 of the judgment merely quoted the facts ¡°as found by the Dispute Tribunal¡±, with a footnote reference to the paragraphs quoted from the UNDT judgment. UNAT further noted that the Secretary-General...

UNAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. UNAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

UNAT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. UNAT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, UNAT found the appeal to be defective and not allowed. UNAT dismissed the appeal and affirmed UNRWA DT¡¯s judgment.