51ÁÔÆæ

UNAT held that the appeal was entirely without merit. UNAT upheld the UNDT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. UNAT affirmed, albeit for different reasons, UNDT¡¯s final legal conclusion that the Applicant¡¯s application was not receivable ratione materiae. UNAT held that there was no reviewable administrative decision in the Appellant¡¯s application. UNAT held that UNDT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...

UNAT had before it an appeal by the Secretary-General. UNAT held that UNDT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill ¡°some¡± staff members. UNAT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. UNAT held that UNDT also erred in law and fact when it concluded that threat was not serious...

UNAT held that the Appellant did not fall under any of the categories of potential applicants and had no legal standing before UNDT. UNAT held that, accordingly, the Appellant had no standing before UNAT and therefore UNAT had no competence to address the merits of her claims. UNAT dismissed the appeal and affirmed the UNDT judgment.

Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, UNAT held that there was a substantial variation or a striking disparity between the award made by UNDT and the award that UNAT considered ought to have been made. UNAT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. UNAT held that UNDT did not err in law or fact in denying moral damages, as there was no corroborating...

UNAT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. UNAT held that UNDT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. UNAT upheld UNDT¡¯s finding that Ms. Koduru¡¯s testimony was not compelling enough to serve as a basis for an award of moral damages. UNAT rejected Ms. Koduru¡¯s request for costs. UNDT dismissed the appeal and the cross-appeal and affirmed the UNDT judgment.
Accountability referral: The UNAT...

The UNDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, UNAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that UNDT had committed any error of fact or law in arriving at its decision. UNAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, UNAT found no reason to differ from the UNDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...

UNAT considered an appeal by the Secretary-General. UNAT held that it was unable to detect any fault in the UNDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. UNAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. UNAT held that the application was...

UNAT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Gido¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected Mr Gido¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held that Mr...

UNAT considered an appeal by Mr Hamdan and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Hamdan¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT was correct to reject Hamdan¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Garbo¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected the Appellant¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...