51ÁÔÆæ

UNAT found that the execution of the UNDT judgment No. UNDT/2014/007 had been suspended following the filing of the Secretary-General¡¯s appeal to UNAT. UNAT held that the UNDT judgment had become duly executable upon the issuing to the parties of judgment No. 2015-UNAT-516 wherein UNAT dismissed the Secretary-General¡¯s appeal against UNDT judgment. UNAT held that the staff member¡¯s motion seeking execution was properly filed before UNAT. UNAT held that the request for execution had been rendered moot by the event that the payment was issued on 22 July 2015. UNAT considered that the only...

UNAT held that the Appellant did not address any error of fact or law in the UNDT judgment. UNAT held that the irregularities in the procedure did not amount to a breach of the Appellant¡¯s due process rights. UNAT held that it was irrelevant whether the Appellant filed his application before UNDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered the appeal by the Secretary-General. UNAT rejected the Secretary-General¡¯s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before UNDT. UNAT further rejected the staff member¡¯s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. UNAT held that UNDT had not erroneously substituted itself for the Administration. UNAT held that UNDT¡¯s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

UNAT considered the appeal by the Secretary-General challenging the amount of the award of compensation for moral damages. UNAT held that the award of moral damages was supported by the evidence before UNDT and that the amount was not excessive based on that evidence. UNAT rejected the Secretary-General¡¯s argument that the award in the present case should be compared with awards in similar non-renewal cases. UNAT held that UNDT had not committed any error in its assessment of the award of moral damages and that the Secretary-General had not established any ground which would justify UNAT¡¯s...

UNAT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. UNAT held that there was no merit in the Appellant¡¯s claim that UNRWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered the appeal by the Secretary-General. UNAT held that the lateral reassignment of a staff member, in this case, fell entirely within the discretion of the Administration. UNAT found no evidence of arbitrary and unlawful exercise of discretion in the appeal which could allow UNDT to pronounce on the discretion of the Administration. Finding no illegality and no evidence that the cancellation of the job opening had an adverse effect on the staff member¡¯s morale and professional reputation, UNAT vacated the award of compensation. UNAT upheld the appeal and vacated the UNDT judgment.

UNAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant¡¯s motion. UNAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that UNRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the UNRWA DT. UNAT upheld the order of UNRWA DT to rescind the contested...

UNAT affirmed UNDT¡¯s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT¡¯s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

UNAT rejected the request for an oral hearing finding that there was no need for further evidence. UNAT held that UNDT had erred in law and procedure when it did not consider the Appellant¡¯s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. UNAT held that it was impossible for the Appellant¡¯s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. UNAT held that the case was similar to the related case disposed...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General¡¯s appeal had no merit, it...