51ÁÔÆæ

The UNAT noted that the health insurance premiums imposed by the UPU in 2023 differed according to factors such as age, retirement status and country of residence.

The UNAT held that there was no support for the appellants' contention regarding the principle of solidarity used in the Swiss social security law, as for several years such principle had no longer been applied by the UPU.

The UNAT determined that the rate of the UPU¡¯s contribution did not differ between the various age groups and there was no evidence that the premium increases were inconsistent with the costs the insurance provider...

The UNAT noted that as per ISA¡¯s Staff Rule the UNAT has the competence to ¡°order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level¡±. The UNAT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall¡¯s Motion.

However, the UNAT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB¡¯s decision. Mr...

The UNAT found that Article 9(4) of the UNDT Statute regarding the nature of the judicial review that the UNDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The UNAT found that...

The UNAT noted that the staff member had filed numerous and confusing claims and applications that had been the subject of various reviews by the Management Evaluation Unit, the UNDT and the UNAT, all of which essentially attempted to ensure that the Administration continued to pay her benefits for medical reasons after expiration of her fixed-term appointment.

The UNAT held that her submissions failed to identify in precise terms a specific administrative decision capable of being reviewed. The UNAT found that the so-called non-decisions or incomplete decisions identified by her were not...

The UNAT held that the UNDT had not failed to exercise jurisdiction nor committed an error in procedure. The UNAT found that the UNDT had not exceeded its broad discretion in overruling the objections of the staff member¡¯s counsel when it permitted additional questions by the Secretary-General¡¯s counsel and, in any event, the UNDT¡¯s ruling had no material or prejudicial impact on the outcome of the case.

The UNAT found that the UNDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The UNAT...

The UNAT rejected the former staff member¡¯s motion for anonymity, as it was filed out of time and without exceptional circumstances justifying a waiver of the time limit.

The UNAT found that the UNRWA DT did not err in concluding that the former staff member¡¯s application was not receivable. The 60-day period within which she had to submit a request for decision review (RDR) began on 13 September 2023 and ended on 11 November 2023. As her RDR was lodged (i.e., received by the Agency) late on 11 November 2023, it was lodged within the statutory time limit. However, in the absence of a...

The UNAT found that beyond reporting the possible prohibited conduct concerning non-compliance with the United Nations financial rules and regulations to the Office of Internal Oversight Services, the staff member had no further interest in law in the conduct of the investigation or its outcome. The UNAT further agreed with the UNDT that there was no basis for his assertion that OIOS had declined to conduct an investigation into his report. The UNAT concluded that the UNDT had not erred in finding the application concerning this decision not receivable.

Regarding the staff member¡¯s complaint of...

The UNAT held that the facts were established by clear and convincing evidence. It held that the Complainant¡¯s testimony was consistent with her earlier statements, except for the date of the incident. However, the correction of the date she made at the hearing was found to be in good faith and did not undermine her credibility. Her account was corroborated by two other staff members, M.V. and M.M., both of whom testified before the UNDT. The UNAT also held that the former staff member failed to show that these witnesses had any motive to falsely implicate him. It noted that the former...

The UNAT held that the UNDT correctly determined that the non-selection decision was superseded and rendered moot by the Administration's subsequent rescission of the decision, which ended the selection process without anyone being selected for the position. It concluded that, from that moment, the non-selection decision ceased to have any legal effect and was no longer a live issue on which the UNDT had jurisdiction to pass judgment on.

The UNAT further affirmed that it was entirely within the Administration¡¯s authority to rescind the non-selection decision given the procedural irregularities...

The UNAT noted that the interview panel had nominated the staff member as one of the recommended candidates for appointment to the post but the Recruitment Report had been erroneously silent as to whether she had been considered on an equivalency basis. The UNAT observed that the advisory committee had subsequently found that her experience did not qualify her for equivalency and that she had not met the educational qualifications.

The UNAT held that because the staff member had been wrongly shortlisted, her participation in the remainder of the recruitment process had been unlawful and any...