51ÁÔÆæ

As to the appeal of Order No. 46 (GVA/2025) dismissing Mr. Turcanu¡¯s motion seeking the suspension of the contested decision pending judicial review of his substantive application, the Appeals Tribunal recalled that pursuant to Article 10(2) of the UNDT Statute and Article 14 of the UNDT Rules, the UNDT may not suspend the implementation of a contested decision in cases of appointment, promotion or termination. It also recalled that a decision not to renew an appointment was a matter concerned with the ¡°appointment¡± of a staff member. The Appeals Tribunal concluded that under the terms of...

The Appeals Tribunal held that the UNDT correctly found that the decision to recover a portion of Mr. Kulga¡¯s Home Leave lump sum was lawful.

As to the costs awarded against Mr. Kulga, the Appeals Tribunal found that the UNDT erred in finding Mr. Kulga¡¯s application to be frivolous as it was not unreasonable for Mr. Kulga to consider that a further challenge to the UNDT could assist him, especially after his management evaluation challenge had been partially successful. In addition, the UNDT¡¯s finding that Mr. Kulga repeatedly lied to the Administration over six months in seeking to obtain...

On 19 May 2024, the staff member returned to his duty station from Rest and Recuperation (R&R). The period of qualifying service for the R&R entitlement was 28 days and he was eligible for another R&R from 16 June 2024. He left the duty station on 13 June 2024. He requested R&R for 23-27 June 2024.

The UNAT noted that the staff member had left the duty station with the expectation that the following days of 14-22 June 2024, which constituted a combination of non-working days, United Nations Official holidays, and annual leave, would not interrupt or suspend, but contribute to his qualifying...

The staff member, who was serving in Khartoum, was evacuated when civil war erupted in Sudan. He submitted a claim for compensation for loss of personal effects attributable to service.

The UNAT held that by denying the staff member¡¯s request for referral to mediation the UNDT had lawfully exercised its case management discretion and had not committed an error of procedure.

The UNAT found that the UNDT had not erred when it identified the staff member¡¯s argument as a challenge to the policy of the Organization but had erred when it held that it did not have jurisdiction to incidentally examine...

The staff member, who was serving in Khartoum, was evacuated when civil war erupted in Sudan. She submitted a claim for compensation for loss of personal effects attributable to service.

The UNAT held that the UNDT had not erred, such as to affect the decision of the case, when it rejected the parties¡¯ joint motion to refer their case to mediation.

The UNAT found that the UNDT had not erred when it identified the staff member¡¯s argument as a challenge to the policy of the Organization but had erred when it held that it did not have jurisdiction to incidentally examine the consistency of...

The UNAT noted that the revision procedure assumes the existence of a prior judgment and governs only the reopening of that judgment upon discovery of qualifying facts. It does not create a mechanism to revive an expired right to challenge an administrative decision. The UNDT did not err in dismissing the application for revision of judgment as not receivable ratione materiae.

The UNAT held that exceptional circumstances for waiver of the applicable time limits exist only where there is an ¡°absolute impossibility¡± to act within the prescribed period, and such impossibility is not demonstrated...

The UNAT held that entering the former staff member's name into the ClearCheck database was because of the Administration¡¯s final determination that he sexually abused and sexually harassed the Complainant, and as the entry precludes him from any future employment in the United Nations common system, it was effectively a disciplinary measure and should be reviewed as such.

The UNAT found that the Secretary-General¡¯s appeal regarding the engagement of a psychology expert in UNDT Order No. 053 was receivable. The UNAT found that the UNDT, by engaging an expert to ¡°analyze the facts¡± and ¡°ask...

The UNAT noted that the staff member had requested management evaluation 64 days after he was informed of the contested decision.

The UNAT found no merit in the staff member¡¯s arguments that the delay in requesting management evaluation had been minimal or that his permanent incapacity constituted a force majeure which the UNDT was obliged to consider.

The UNAT found no error in the UNDT finding the application not receivable ratione materiae.

The UNAT dismissed the appeal and affirmed the UNDT Judgment.

The UNAT held that BK¡¯s appeal of a case management order does not fall in the narrow set of cases where the UNDT manifestly exceeded its jurisdiction or powers in determining an interlocutory issue. His requests for anonymity in both of his UNDT cases were granted, and there is no indication that despite anonymity, any identifying material could have been disclosed in any of the publicly available records. Nor did the UNDT¡¯s decision to proceed to final judgment exceed its jurisdiction.

The UNAT held that the UNDT¡¯s denial of BK¡¯s inadequately supported requests for a stay, and proceeding to...

Although the Secretary-General was not a party to the impugned Order, the UNAT held that the Secretary-General had a direct and cognizable interest in an appeal which considers whether the UNDT is entitled to determine whether his legal representative should be disbarred from appearing in future cases and unrelated cases before the UNDT. If the UNDT is empowered to order as much, it raises a significant risk of harm to the Secretary-General¡¯s authority to appoint staff members to perform legal functions, allocate its legal resources, and hold staff members accountable in accordance with the...