51ÁÔÆæ

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment No...

The UNAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The UNAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the UNDT would have impacted the decision of the case.

The UNAT found that the staff member had not received a wrong performance rating and that the UNDT had not misrepresented or failed to give...

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment No...

The UNAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The UNAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the UNDT would have impacted the decision of the case.

The UNAT found that the staff member had not received a wrong performance rating and that the UNDT had not misrepresented or failed to give...

The UNAT noted that the Agency¡¯s job classification tool had been used to reclassify the staff members¡¯ posts. The UNAT found that the UNRWA DT had not erred when it had decided the case in the absence of the full document of the International Civil Service Commission¡¯s ¡°Master Standard for Classification¡±. The UNAT agreed with the Commissioner-General that the Classification Reports were relevant and sufficient for the UNRWA DT¡¯s determinations.

The UNAT held that notwithstanding the various anomalies in the reclassification process, the staff members had failed to show anything specific that...

The UNAT held that the UNDT had not failed to exercise jurisdiction nor committed an error in procedure. The UNAT found that the UNDT had not exceeded its broad discretion in overruling the objections of the staff member¡¯s counsel when it permitted additional questions by the Secretary-General¡¯s counsel and, in any event, the UNDT¡¯s ruling had no material or prejudicial impact on the outcome of the case.

The UNAT found that the UNDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The UNAT...

The UNAT found that beyond reporting the possible prohibited conduct concerning non-compliance with the United Nations financial rules and regulations to the Office of Internal Oversight Services, the staff member had no further interest in law in the conduct of the investigation or its outcome. The UNAT further agreed with the UNDT that there was no basis for his assertion that OIOS had declined to conduct an investigation into his report. The UNAT concluded that the UNDT had not erred in finding the application concerning this decision not receivable.

Regarding the staff member¡¯s complaint of...

The UNAT noted that the vacancy had been advertised for only ten days which violated the mandatory requirement of the UNRWA Personnel Directive, and this violation had been corrected by cancelling the recruitment process and constituting another one that met the requirement of the minimum posting period.

The UNAT held that the staff member had not identified the alleged defects of the impugned Judgment but rather had reargued his case and, therefore, had not discharged his burden of satisfying the Appeals Tribunal that the impugned Judgment had been in error.

The UNAT was of the view that, in...

The UNAT noted that the staff member¡¯s letter regarding early retirement was to be considered a letter of resignation. The UNAT noted that a few months later she had sent another letter to the Administration requesting to withdraw her resignation. The UNAT found that the UNDT had not erred in law when it identified the contested decision as the decision not to accept the staff member¡¯s withdrawal of her resignation, and the UNDT¡¯s approach had not caused prejudice to her as it had been able to examine all her contentions.

The UNAT held that the staff member¡¯s resignation produced its legal...

The UNAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the UNDT nor on appeal.

The UNAT held that even if ST/AI/2019/1 were applicable to UNHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The UNAT found no basis to overturn the UNDT¡¯s determination that there had been no evidence of bias or conflict of interest in either the medical...