51ÁÔÆæ

UNAT considered Mr Wang¡¯s appeal, specifically as to whether UNDT correctly concluded that the selected candidate, Ms C. Y., fulfilled the requirements for the post and whether UNDT correctly concluded that Mr Wang was accorded full and fair consideration in the selection process for the post. UNAT was satisfied that the evidence before UNDT supported the Administration¡¯s decision to select Ms C. Y. for the post. UNAT found that there was sufficient evidence that Ms C. Y. had the requisite word count translation requirement and that the Administration gave her proportionate credit for her...

UNAT considered the Secretary-General's appeal of judgment on Receivability No. UNDT/2013/061 and of judgment on the Merits No. UNDT/2013/101. UNAT held that the appeal of the judgment on Receivability was timely. UNAT found that UNDT erred in finding that Mr Ngokeng¡¯s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng¡¯s performance appraisal. UNAT specifically noted that the First Reporting Officer¡¯s comment on Mr Ngokeng¡¯s output did not detract from the overall satisfactory...

UNAT considered two appeals by the staff member of UNDT Order Nos. 109 and 110. UNAT held that the appeals were receivable because they were addressed against judicial decisions which disposed the cases before UNDT. Finding that the two appeals raised the same legal issues, UNAT consolidated them in the interest of judicial economy and consistency. UNAT held that there was no merit in the Secretary-General¡¯s observations about the non-receivability of the appeals. UNAT held, however, that the motions for reinstatement were in fact non-receivable ab initio. UNAT held that there was no statutory...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT held that UNDT had correctly determined that the staff member¡¯s application had become moot. UNAT held that the administrative decision to disable the fact-finding panel was superseded by its reconvening, after being impugned by the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT rejected the request for an oral hearing finding there was no need for further clarification. UNAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member¡¯s conversion to permanent appointment did not give UNDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. UNAT held that it was not within UNDT¡¯s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...

UNAT considered an appeal by the Secretary-General. UNAT held that, since the incidents in question occurred before ST/SGB/2008/5 was promulgated, it was not applicable in this case. UNAT held that it was unnecessary for UNDT to apply ST/SGB/2008/5, which was clearly not in force at the time of the incidents. UNAT held that the error committed by UNDT had not resulted in a miscarriage of justice, finding that Mr Nogueira in any event merited a compensatory award for harassment. UNAT held that Mr Nogueira was entitled to an effective remedy for the violation of his legal right to a workplace...

UNAT held that there was no reason to interfere with UNDT¡¯s finding that the Appellant had not established the existence of a decision capable of giving UNDT jurisdiction to embark upon a consideration of his complaints. UNAT held that UNDT had correctly determined that the application was not receivable ratione materiae. UNAT held that UNDT should not have embarked on a consideration of substantive issues, such as staff consultations and discrimination arguments, but instead should have confined itself to the issue of receivability. UNAT dismissed the appeal with regard to the receivability...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT did not act lawfully in issuing an order in direct contravention of the established UNAT jurisprudence. However, UNAT also held that parties before UNDT must obey its binding decisions and that a decision by UNDT remained legally valid until such time as UNAT vacated it. UNAT held that the Secretary-General¡¯s refusal 51ÁÔÆæ UNDT¡¯s order was vexatious. UNAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. UNAT upheld the appeal in part.

Accountability Referral: The UNAT...

On the issue of receivability, UNAT held that there was no merit to the Appellant¡¯s claim that UNRWA DT had exceeded its competence or jurisdiction in summarily addressing sua sponte the issue of the receivability of the application when the Commissioner-General did not raise that issue in his reply. UNAT held that the Appellant¡¯s request for review of the contested decision was filed almost a year after he knew of the implied decision and was, therefore, untimely. UNAT rejected the Appellant¡¯s contentions against the participation of the Commissioner-General in the proceedings and to file a...