51ÁÔÆæ

UNAT considered the appeal. UNAT found that UNDT made both factual and legal errors when it concluded that 15 March 2013 was the date on which the Appellant received notification of the administrative decision within the meaning of Staff Rule 11.2(c). UNAT noted that 18 April 2013 was the date on which the Appellant received notification of the administrative decision not to renew her fixed-term appointment, which is when the 60-day period began to run under Staff rule 11.2(c). UNAT noted that the Appellant made her request for management evaluation within the 60 days of 18 April 2013, thus...

UNAT considered the appeal. UNAT noted that while only final judgments of the UNDT are appealable, exceptions may be made when UNDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. UNAT held that an order denying an application for suspension of action does not constitute UNDT exceeding its jurisdiction. UNAT further noted that UNDT correctly found that it had no jurisdiction to grant the application under Article 10(2) of the UNDT Statute. UNAT held that the appeal was not receivable ratione materiae.

UNAT affirmed UNDT¡¯s finding and held that ¡°the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision¡± all support the conclusion that the Administration¡¯s response to a request for management evaluation is not a reviewable decision. UNAT noted that the response to a request for management evaluation is an opportunity for the Administration to resolve a staff member¡¯s grievance without litigation and not a fresh decision. UNAT dismissed the appeal.

UNAT rejected the request for an oral hearing finding no need for further clarification of the issues. UNAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. UNAT agreed with UNRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. UNAT held that UNRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that UNDT had made no error in finding that as a General Service staff member at the G-5 level, the Applicant was not eligible to apply for the vacancy advertised in the JO, which was a post in the Professional category at the P-5 level and that, therefore, the disputed decision had no legal consequences affecting him and no effect on his rights and terms of employment. UNAT held that UNDT did not err in its finding that the Appellant was not claiming a right to be consulted as an individual staff member, but rather, in his capacity as a staff representative. UNAT held that there was...

UNAT addressed all the appeals in a unique judgment. Regarding judgment No. UNDT/2015/100, UNAT held that UNDT had correctly found that a UNRWA staff member cannot bring an application against the UN Secretary-General challenging a decision by the Organisation denying him or her employment with the Organisation. UNAT held that UNDT had correctly concluded that the application was not receivable. Regarding Orders Nos. 319, 320, and 400, UNAT reiterated that UNAT is only under exceptional circumstances competent to judge appeals of interlocutory orders, namely when UNDT exceeded its jurisdiction...

UNAT held that the Appellant¡¯s argument regarding the time limits was misconceived since UNDT had not declared the application non-receivable because the Appellant had failed to respect the time limits for filing an application, rather it declined jurisdiction on the basis that he had not sought timely management evaluation, i. e. , within the requisite sixty days of the contested decisions, as required by Staff Rule 11. 2(c). UNAT held that the exercise of determining the date of an implied administrative decision should be conducted by determining when the staff member knew or should...

UNAT rejected the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case according to Article 18. 1 of the UNDT RoP. UNAT noted that the judgment on revision being appealed was issued more than four years ago. UNAT held that the appeal was not receivable. On the merits, UNAT held that UNDT had correctly dismissed the application for revision since no material elements according to UNAT RoP could be shown to support the application, such as a new fact which, at the time the judgment was rendered, was unknown to UNAT and the moving party. UNAT...

UNAT held that UNDT did not err in fact or in law in finding that the Appellant did not request management evaluation of the disputed decision and that his application was therefore not receivable. UNAT agreed with UNDT that the Appellant did not have standing to challenge a decision affecting his right to consultation as a staff representative. UNAT held that the Appellant had failed to demonstrate any error of law or fact committed by UNDT in arriving at its judgment that his application was not receivable regarding the fact that the contested decision had no direct legal consequences...

UNAT considered an interlocutory appeal by the Secretary-General. UNAT held that UNDT did not ¡°clearly exceed its competence or jurisdiction¡± when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of ¡°appointment, promotion, or termination¡± excluded from interim relief under Article 10. 2 of the UNDT Statute. Accordingly, UNAT dismissed the interlocutory appeal as not receivable.