51ÁÔÆæ

UNAT considered both an appeal from the Secretary-General and an appeal from Mr Ross. UNAT considered Mr Ross¡¯s request for consideration by a full bench and held that he had no standing to make such a request and that the case did not raise any significant question of law in relation to the evidentiary standard of proof of moral damages. UNAT held that any irregularity (procedural or substantive) in promotion cases will only give rise to an entitlement to rescission or compensation if the staff member has a significant or foreseeable chance for promotion. UNAT held that the UNDT did not err...

UNAT considered the Secretary-General¡¯s appeal and Ms Kortes¡¯ cross-appeal. UNAT held that the issue was whether UNDT erred in concluding that the Administration was estopped from correcting its mistake by finding that Ms Kortes was not eligible for ASHI, having advised her in 2011 that she could not avail herself of the buy-in option. Noting that the Administration¡¯s error was to inform Ms Kortes that she could buy-in to ASHI, based on a misunderstanding of the date she joined the Organisation, UNAT held that UNDT committed an error of law in coming to its conclusion that five years was...

UNAT held that the first time the Appellant¡¯s claim for implementation of the sanction (an apology to the Appellant) was raised was on appeal and that it was therefore not receivable, however, UNAT held that the Appellant was not barred from requesting UNRWA to enforce its letter of censure. On the Appellant¡¯s claim for moral damages, UNAT found no error in UNRWA DT¡¯s order denying the Appellant¡¯s request for moral damages since there was no evidence of harm. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered an appeal by the Secretary-General. On receivability, UNAT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, UNAT held that UNDT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. UNAT held that UNDT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit...

UNAT held that UNDT erred in finding that the erroneous requirement for a perfect command of English vitiated the entire recruitment process, noting that it was a typographic error and corrective measures were taken by conducting a manual review of the personal history profile of each candidate. UNAT held that UNDT erred in its finding that the selection process was unlawful and lacked transparency. UNAT held that the need for the factual determination of all of the evidence related to the roster, placement, and removal of candidates required that the instant case be remanded to the UNDT. UNAT...

On the delay before UNDT, UNAT agreed that the delay was unfortUNATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. UNAT held that UNDT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. UNAT held that UNDT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. UNAT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

UNAT held that the appeal was entirely without merit. UNAT upheld the UNDT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. UNAT affirmed, albeit for different reasons, UNDT¡¯s final legal conclusion that the Applicant¡¯s application was not receivable ratione materiae. UNAT held that there was no reviewable administrative decision in the Appellant¡¯s application. UNAT held that UNDT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. UNAT held that UNDT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that UNDT¡¯s conclusion was consistent with the evidence. UNAT held that the UNDT¡¯s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. UNAT held that the facts underpinning the administrative decision to issue the staff member a...

UNAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, UNAT concluded that under the express terms of Articles 34 and 35, the former staff member¡¯s spouse was not entitled to a survivor¡¯s benefit. Nonetheless, UNAT...

UNAT considered Mr Newland¡¯s application for interpretation of judgment No. 2018-UNAT-820. UNAT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. UNAT accepted that there was a degree of uncertainty regarding these questions. UNAT held that Mr Newland¡¯s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. UNAT...