51ÁÔÆæ

UNAT considered the Appellant¡¯s claim that UNDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. UNAT held that UNDT did not commit any error of procedure so as to affect the outcome of the present case. UNAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of UNDT and do...

UNAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. UNAT held that the procedural errors did not amount to an abuse of power. UNAT held that absent an abuse of power, the compensation for moral damages had to be vacated. UNAT granted the appeal, rejected the cross-appeal, and vacated the UNRWA DT judgment in its entirety.

UNAT held that UNDT¡¯s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. UNAT held that UNDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that UNDT was unable to find any such evidence, UNAT held that the Appellant¡¯s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. UNAT held that it was satisfied that UNDT¡¯s...

UNAT considered an appeal against Order No. 057 (UNRWA/DT/2014) and judgment No. UNRWA/DT/2014/027. UNAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the UNRWA DT judgment and affirmed UNRWA DT¡¯s reasoning. UNAT denied the Appellant¡¯s request to submit new evidence to UNAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. UNAT held that it was for UNRWA DT to consider that it...

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to reverse the finding of UNDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. UNAT affirmed the UNDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. UNAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

UNAT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. UNDT/2014/007. UNAT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala¡¯s application for an award of costs against the Secretary-General. UNAT held that there was no error of law or fact on the part of UNDT in deeming Ms Fiala¡¯s application receivable. Noting that the weight to be attributed to evidence was a matter for UNDT, UNAT held that the arguments advanced by the Secretary-General did not...

UNAT considered an appeal of judgment No. UNDT/2013/151 by the Secretary-General. As a preliminary matter, UNAT held that UNDT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and UNAT granted the Secretary-General¡¯s motion to redact those paragraphs of the impugned judgment. UNAT held that UNDT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by UNAT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

UNAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. UNAT held that UNDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by UNAT by establishing the critical facts as instructed. UNAT found that UNDT's conclusions were consistent with the evidence. UNAT found no error in the UNDT¡¯s finding that the Appellant failed to establish that the decision not to...

Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, UNAT dismissed the Appellant¡¯s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General¡¯s appeal in Case No. UNDT/NBI/2015/095 related to the issue settlement agreement, UNAT held that UNDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...

UNAT held that the UNDT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. UNAT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant¡¯s unauthorised absence from duty. UNAT held that UNDT erred in law in distinguishing Abdallah (judgment No. 2010-UNAT-091) from the present case. UNAT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...