51ÁÔÆæ

The UNAT held that there was no merit to the staff member¡¯s motion to strike from the record the Secretary-General¡¯s response to a UNAT order requesting information. The UNAT found that the UNDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...

Mr. Pierre filed an appeal. UNAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. UNAT was satisfied that the UNDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. UNAT also found that Mr. Pierre had not provided sufficient evidence that the...

Mr. Russo-Got appealed. The UNAT held that the evidence incontrovertibly established that Mr. Russo-Got had failed to challenge any blacklisting decision in his request for management evaluation. Moreover, while the application contained references to several posts for which he had applied and had not been selected, he did not request management evaluation of any selection decision nor did he appeal any particular selection decision in his application to the UNDT. The UNAT found that UNDT accordingly had not erred in finding that the claims in the application regarding the alleged...

UNAT dismissed the appeal. As a preliminary matter, UNAT denied AAB's request for an oral hearing on grounds that there was no need for further clarification since the factual and legal issues arising from the appeal had already been clearly defined by the parties, and an oral hearing would not assist in the expeditious and fair disposal of the case. UNAT dismissed AAB's claim that her right to a fair trial before the UNDT had been violated because, since the application was found not to be receivable, and she was denied the opportunity to file a rejoinder. UNAT noted that there is no...

As a preliminary matter, UNAT dismissed the appeals of two staff members who were not a party to the proceedings before the UNDT and had no standing. On the merits, UNAT held that there was a reviewable administrative decision within the meaning of Article 2(1)(a) of the UNDT Statute. UNAT held that the UNDT erred finding that the announcement by the USG/DGACM dated 8 April 2021 that the daily workload of translators would be increased to 5.8 pages and of self-revisers to 6.4 pages, was not an appealable administrative decision for the purpose of Article 2(1) of the UNDT Statute. UNAT held...

UNAT held the UNDT was correct to find the application non-receivable ratione materiae. At the time of the UNDT Judgment, there was no final administrative decision that had direct legal consequences on the Appellant¡¯s terms of employment. In addition, in the intervening time, the Appellant has been selected for the post, and therefore, he has received that which he had sought originally, making his request for rescission of the contested decision moot. Regarding the request for compensation for the pay differential for 17 months, the Tribunal found because there was no appealable...

The Tribunal held that neither claim (i), (the decision to continue to conduct an investigation) despite the Applicant's claimed medical condition, nor claim (ii) (the refusal to convene a medical board to examine it), had produced a decision of direct negative consequences for the Applicant. The impact, if any, of these decisions on the outcome of the disciplinary process will be examined in relation to his application against the disciplinary measure. Accordingly, the application, in relation to claims (i) and (ii) was dismissed as not receivable.

UNAT noted that, even though it found the case non-receivable, UNDT undertook a final review of the Appellant¡¯s allegations and that the case failed on the facts. UNAT held that UNDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. UNAT held there was no basis to disagree with UNDT. UNAT dismissed the appeal.

UNAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. UNAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. UNAT held that UNDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

UNAT considered whether the impugned decision was a contestable administrative decision. UNAT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. UNAT held that the requirement for UN Office at Nairobi (UNON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation¡¯s staff medical insurance plan. UNAT held that this requirement was of general...