51ÁÔÆæ

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...

UNAT considered the Appellant¡¯s appeal and found that UNDT erred when it decided to give UNHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. UNAT noted that Article 10. 5(a) of the UNDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). UNAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

UNAT considered the Secretary-General¡¯s appeals against UNDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. UNAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the UNDT Statute authorizes UNDT to order suspension of a contested decision only ¡°during the pendency of the management evaluation¡±. UNAT found that UNDT exceeded its jurisdiction in ordering suspension of the contested...

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 an appeal by the Secretary-General. UNAT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the UNDT judgment with interest was excessive. UNAT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. UNAT held that a total of 2. 5 years¡¯ net...

UNAT held that the services provided by OSLA and the way the representation is implemented can have an impact on a staff member¡¯s terms of employment and can therefore fall within the jurisdiction of UNDT, without interfering with the professional independence of counsel. UNAT held that the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in the staff member¡¯s case could have an impact on his terms of employment and, therefore, constituted an administrative decision subject to review by UNDT. UNAT reversed the UNDT judgment and remanded the case to...

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 an appeal by the Secretary-General limited to the quantum of compensation awarded. UNAT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. UNAT held that the compensation awarded by UNDT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. UNAT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...

UNAT concurred with UNDT that the Appellant neither appealed the administrative decision not to select him for the post, nor challenged the selection process or the JAB¡¯s conclusion, but rather he discussed the release of a Confidential Letter which occurred after the selection process. UNAT held that UNDT was correct in finding that the appeal was not receivable with respect to the non-promotion. UNAT held that the Appellant failed to establish that UNDT committed errors warranting the reversal of its determination that his challenge to the decision to release the Confidential Letter was not...

UNAT considered appeals of judgment Nos. UNDT/2010/075 and UNDT/2010/076. On the issue of being barred from the UNOV premises, UNAT noted that UNDT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, UNAT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. UNAT held that, as a holder of an SSA contract, the Appellant was no...