51ÁÔÆæ

On the due process prong, the Tribunal concluded that the Applicant¡¯s procedural fairness rights were respected throughout the investigation and the disciplinary process. The Applicant was interviewed by the Office of Internal Oversight Services and was provided with an audio-recording of the interview. He was provided all supporting documentation, was informed of the allegations against him, his right to seek the assistance of counsel and he was provided the opportunity to comment on the allegations; and his comments were duly considered. Accordingly, the Tribunal held that the Applicant¡¯s...

On the due process prong, the Tribunal concluded that the Respondent had demonstrated that the investigation and the disciplinary process leading up to the disciplinary sanction were conducted in accordance with the applicable legal framework and investigation guidelines. The Applicant was interviewed and was provided with an audio-recording of the interview, and all supporting documentation. He was informed of the allegations against him and afforded his right to seek the assistance of counsel. He was provided the opportunity to comment on the allegations, and his comments were duly...

Based on the facts as presented in the application, the Tribunal determined two issues; (i) whether the Applicant was forced to retire, and (ii) whether the decision not to renew her FTA beyond 30 June 2021 was lawful. On issue one, the Tribunal held that based on the separation notice given to the Applicant dated 18 May 2021, read together with the Applicant¡¯s letter of appointment and the evidence produced by the MONUSCO Chief of Human Resources during the hearing, there is no doubt that hers was a case of non-renewal of appointment. The Tribunal, thus, held that the Applicant was not forced...

The Applicant was terminated without being given the statutory three months¡¯ notice. Without that notice, the regulatory framework provides that compensation in lieu of the three months¡¯ notice had to be paid. For reasons similar to those stated in Ahmed, the grant of SLWFP to the Applicant for part of the period neither supplants nor equates to the Respondent¡¯s obligation to have given the Applicant his due notice on 10 September 2010. The Staff Regulation and Rules requires the staff member to either be given notice or payment in lieu of that notice. The Applicant in this case received...

UNAT considered an appeal of judgment No. UNDT/2010/061 on compensation. UNAT held that, as it had previously overturned the judgment on the merits (which found in favour of Mr Sanwidi), the foundation for an award of compensation no longer existed and the appeal was moot. UNAT held that the judgment on compensation was automatically vacated when it overturned the judgment on the merits. UNAT dismissed the appeal and vacated the UNDT judgment.

UNAT considered an appeal against UNDT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. UNAT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to UNDT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, UNAT held that UNDT...

UNAT considered an application for revision of judgment No. 2011-UNAT-131 by Ms Cohen. UNAT held that none of the grounds for revision set forth by Ms Cohen met the requirements of Article 11(1) of the UNAT Statute or Article 24 of the UNAT Rules of Procedure. UNAT held that none of the grounds provided were new facts, but rather they were new legal arguments and an attempt by Ms Cohen to re-litigate her case and complain about UNAT reducing the compensation awarded. UNAT dismissed the application for revision.

UNAT considered an appeal by the Secretary-General. UNAT held that as the Secretary-General had clearly established the UNDT¡¯s lack of jurisdiction, UNAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. UNAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. UNAT held that the appeal was receivable. On the merits, UNAT held that UNDT¡¯s finding that there was one...

UNAT considered the Appellant¡¯s appeal and noted that the letters of appointment issued to the Appellant for the period of 1 July 2009 through 30 June 2012 did not refer to either the Memorandum, that described the planned phasing-out of the PTA, or the PTA itself. UNAT also noted that the PTA is neither a benefit or entitlement under the Staff Regulations and Rules, which ¡°embody the conditions of service and the basic rights and duties and obligations of United Nations staff members,¡± nor an ¡°administrative issuance in application of, and consistent with, the said Regulations and Rules. ¡±...

UNAT considered Mr Karseboom¡¯s application for interpretation of judgment regarding UNAT¡¯s judgment delivered on 30 October 2015, with respect to: (i) whether moral damages awarded by the UNDT were still payable; and (ii) whether the Appeals Tribunal required a medical board to be convened. UNAT found that Mr Karseboom failed to identify any sentences or words in the judgment that were unclear or ambiguous. UNAT accordingly dismissed the application for interpretation of judgment.