51ÁÔÆæ

UNAT held that it would not lightly interfere with the UNDT¡¯s exercise of its jurisdictional powers, conferred on UNDT by its Statute, which enables cases to be judged fairly and expeditiously. UNAT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of UNDT, notwithstanding the alleged breach of procedural fairness. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT did not err on the question of competence in finding that, pursuant to Articles 2. 1 and 3. 1 of the UNDT Statute, it was limited to cases brought by staff members, former staff members or persons making claims in the name of incapacitated or deceased staff members of the UN. UNAT held that the access to UNDT and UNAT was not recognised in the new internal justice system. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that it was not in dispute that the Appellant did not submit a request for management evaluation until more than one year after he had been notified that he had not been selected for the post in question. UNAT held that UNDT, under Article 11.1 of the UNDT Statute, was obliged to issue a judgment in writing, stating the reasons, facts, and law on which it was based. UNAT held that UNDT¡¯s decisions, that the Appellant had been properly served with a notification in writing in compliance with former Staff Rule 111.2 and that Article 8.3 prohibited UNDT from extending the deadline for...

UNAT considered the Secretary-General¡¯s appeal. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...

UNAT held that the Appellant had merely repeated his submissions before JAB and UNDT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the UNDT. UNAT held that the Appellant did not possess the relevant professional qualification. UNAT held that UNDT had not erred in affirming the JAB¡¯s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. UNAT held that UNDT¡¯s focus on the requirement of professional legal experience did not...

UNAT granted the Secretary-General¡¯s appeal on the basis that UNDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. UNAT held that UNDT took an ultra petita decision by ordering measures for which no claim had been made.

UNAT considered the three appeals by the Secretary-General against the UNDT Orders. UNAT held that the appeals were receivable because: (1) UNDT exceeded its jurisdiction under Article 2. 2 of the UNDT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) UNDT exceeded its jurisdiction under Article 10. 2 of the UNDT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. UNAT held that Order No. 129 suspended the contested decision beyond...

UNAT considered the Secretary-General¡¯s appeal. UNAT held that, in converting on its own motion an application for suspension into an application on the merits, UNDT had taken an ultra petita decision, ordering measures not requested of it. UNAT held that, in taking the contested decision while a management evaluation was under way, UNDT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. UNAT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...

UNAT considered an appeal by the Secretary-General limited to the amount of compensation. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in...

To the extent that the UNDT¡¯s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, UNAT upheld the Order. In every other regard, UNAT upheld the arguments made by the Appellant as to the manner in which UNDT granted the withdrawal request. UNAT held that UNDT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant¡¯s motivation in bringing his application. UNAT ordered that the recital of ¡°Facts¡± in paragraphs 4 to 7 and ¡°Considerations¡± in...