UNAT held that the Appellant failed to establish any errors warranting the reversal of the UNDT judgment concerning her entitlements. UNAT held that the UNDT correctly concluded that the claim was not receivable. UNAT recalled that UNDT has no jurisdiction to waive the deadlines for management evaluation or administrative review. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT considered an application for execution of judgment No. 2011-UNAT-132 filed by Ms Frechon. Ms Frechon sought execution of what she maintained was the order of UNAT, namely, that the Secretary-General should pay her two years’ salary in lieu of an effective reinstatement. UNAT held that the order in respect of which Ms Frechon sought execution was not an order which was affirmed by UNAT. UNAT held that Ms Frechon could seek execution of UNAT’s order to the extent that the Secretary-General failed to reinstate her for the purpose of the correct procedure, thereby entitling her to the remedy...
The Appellant claimed that her interpretation of the advice given by the UNDT Registry was that an extension of time was not needed. UNAT noted that it has repeatedly and consistently strictly enforced the time limits for filing applications and appeals, which assures the goal of hearing cases and rendering judgments in a timely fashion. UNAT found that it was unreasonable for the Appellant, even as a layperson, to conclude that an extension of time would never be needed and that there was no limitation on the time for filing. UNAT held that the Appellant did not demonstrate any error of law...
UNAT considered the Secretary-General's appeal of judgment on Receivability No. UNDT/2013/061 and of judgment on the Merits No. UNDT/2013/101. UNAT held that the appeal of the judgment on Receivability was timely. UNAT found that UNDT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. UNAT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...
UNAT held that UNDT correctly concluded that the Appellant’s claim was not receivable. UNAT noted that it was evident that the Appellant knew of the process of management evaluation at the time of the impugned administrative decision. UNAT also held that UNDT correctly exercised its discretion to award costs against the Appellant for abuse of the judicial process, as her failure to apply for management evaluation was deliberate and thus her application was frivolous and vexatious. UNAT dismissed the appeal in its entirety and affirmed the UNDT judgment.
UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. UNAT held that UNDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. UNAT held that the adverse effect on Mr Alobwede was not supported by evidence. UNAT held that the ICTR Registrar’s decision was lawful, and UNDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. UNAT held that UNDT erred in the level of award. UNAT held that the Secretary...
UNAT held that UNDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, UNAT held that the Appellant failed to establish that UNDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. UNAT held that his requests for relief were denied, noting that where an irregularity has no...
UNAT rejected the request for anonymity finding that there were no exceptional circumstances that could warrant departing from the general principles and from the well-established jurisprudence. UNAT held that the theoretical fear of upcoming uncomfortable relationships between members of the staff did not have merit. UNAT rejected the Appellant’s request to file a reply to the Respondent’s answer finding no exceptional circumstances justifying an additional pleading. UNAT rejected the Appellant’s second motion seeking leave to present additional “information” which she claimed related to...
UNAT held that the UNDT’s suggestion that the standard of proof required to rebut the presumption of regularity should be one of preponderance of evidence, was not correct and that the rebuttal of the presumption should occur only where clear and convincing evidence establishes that an irregularity was highly probable. UNAT held that the Appellant’s version did not support an inference of corruption of the process or that he was not fully and fairly considered. UNAT held that although the Appellant met all the educational, work experience, and language requirements of the position, he failed...
UNAT considered an appeal by the staff member arguing that UNDT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. UNAT found no error in the UNDT judgment not awarding in-lieu compensation. UNAT held that since the Secretary-General concurred with the remand in question, the claim became moot. UNAT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. UNAT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...
