51ÁÔÆæ

UNAT considered the Secretary-General¡¯s appeal. UNAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. UNAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. UNAT accordingly held that UNAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant¡¯s...

The Secretary-General appealed. UNAT dismissed the Secretary-General¡¯s appeal against the UNDT¡¯s interpretation of judgment. It found that the appeal was not receivable because the interpretation of a judgment is not a fresh decision or judgment within the meaning of Article 2. 1 of the UNAT Statute.

The Secretary-General appealed, asserting that UNDT exceeded its competence in ordering suspension of the decision not to renew Mr Onana¡¯s appointment until it determined the substantive application on its merits. UNAT noted the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must therefore be narrowly interpreted; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. UNAT...

UNAT affirmed the UNDT findings that there was no flaw in the procedure used by the Staff Management Coordinating Committee to select the staff representative on the IJC. UNAT also affirmed the UNDT judgments rejecting the staff member¡¯s allegations of conflict of interest on the part of the UNDT judges. UNAT further rejected the staff member¡¯s request that UNAT judges recuse themselves from the hearing of the appeal, noting the limited role of the IJC in the appointment of the UNAT judges and the lack of any professional relationship between the person appointed as a staff representative and...

The Secretary-General appealed the UNDT order. UNAT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of UNDT RoP have elapsed, and where UNDT is not in a position to make a decision under Article 2. 2 of the UNDT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the UNDT...

UNAT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. UNAT held that UNDT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. UNAT held that UNDT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...

UNAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, UNAT held that UNDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. UNAT held that UNDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, UNAT held that UNDT did...

As a preliminary issue, UNAT held that UNDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. UNAT held that the Appellant failed to demonstrate that UNDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. UNAT held that UNDT did not err by failing to order the Appellant¡¯s...

UNAT affirmed the UNDT order denying revision. UNAT held that a change in law is not a ¡°fact¡± contemplated by Article 12. 1 of the UNDT Statute. UNAT held that the issuance of new jurisprudence by UNAT is an issue of law, not of fact.

UNAT considered appeals against UNDT judgment Nos. UNDT/2010/108 and UNDT/2010/109 jointly. UNAT held that UNDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. UNAT held that the Appellant did not demonstrate that the UNDT¡¯s finding of fact was not supported by the evidence or that it was unreasonable. UNAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...