51ÁÔÆæ

UNAT held that the Appellant was unable to establish that her non-selection to the two posts was flawed, or that she was not given full and fair consideration during the selection process. UNAT noted that the Appellant¡¯s claim was that she faced general discrimination for many years, but that she pleaded this without demonstrating specific discrimination when she was denied the appointment. UNAT held that there is always a presumption that official acts have been regularly performed. UNAT held that proof of unsubstantiated allegations of general discrimination, in the form of two letters...

UNAT considered an appeal by the Secretary-General. UNAT affirmed UNDT¡¯s finding of the unlawfulness of reassignment decision. UNAT recalled that reassignment is proper if the new post is at the staff member¡¯s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member¡¯s competencies and skills; and if he or she has substantial professional experience in the field. UNAT held that, in Ms Rees¡¯ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. UNAT held...

UNAT held that the Appellant was asking for a review of his case in order to enhance the award and that he merely repeated arguments already considered and accepted by UNDT, which was not the purpose of an appeal. UNAT held that the Appellant had not met the burden of demonstrating that the UNDT had erred in assessing the damages. UNAT held that UNDT did not err on a question of fact resulting in a manifestly unreasonable decision on this point. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT had correctly found that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT noted that only circumstances beyond an applicant¡¯s control that prevented them from timely exercising the right of appeal may be considered ¡°exceptional circumstances,¡± justifying a waiver of the statutory time limit. UNAT noted that an applicant¡¯s initial mistaken belief that decisions were lawful cannot be deemed to constitute exceptional circumstances justifying a waiver of the time limit to appeal those decisions, especially when they had every means of obtaining information from the Administration. UNAT was not persuaded by the Appellant¡¯s arguments upon appeal and did not find any...

The Secretary-General appealed. UNAT held that UNDT erred in law when it found that there was a breach of Mr Elobaid¡¯s due process rights, as Mr Elobaid was correctly apprised of the allegations against him, which could lead to administrative action, and was afforded the opportunity to make representations against the measure taken. UNAT held that UNDT erred in fact, resulting in a manifestly unreasonable decision, when it assumed that the reprimand originated from Mr Ward, of the Chief Programme Support and Management Services at the Office of the High Commissioner for Human Rights, who...

UNAT held that the Appellant did not meet her burden of proving that UNDT clearly exceeded its jurisdiction or competence when it reassigned the cases. UNAT held that the UNDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal¡¯s processes and within the UNDT¡¯s jurisdiction. UNAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. UNAT held that UNDT did not clearly exceed its jurisdiction and the appeals were not receivable. UNAT also noted that it does...

UNAT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. UNAT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. UNAT held that while the absence of a response to a staff member¡¯s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. UNAT held that in the...

UNAT agreed with the UNDT finding that it lacked jurisdiction in respect of the staff member¡¯s application to review the determination of the Second Alternate Chair. UNAT noted that the subject matter jurisdiction of UNDT is limited to the review of administrative decisions. The determinations of the Second Alternate Chair do not constitute administrative decisions, and as such, any application to review them before the UNDT is not receivable. UNAT highlighted that ST/SGB/2017/2/Rev.1 confers on the Ethics Office only the power to recommend, advise and refer, and Section 10.3 of ST/SGB/2017/2/...

UNAT denied both applications. Regarding the application for interpretation, the Tribunal held that the Majority Judgment was clear and unambiguous in its meaning, leaving no confusion or reasonable doubt about its conclusions or reasons. The Tribunal found that it was a disguised way by the staff member to criticize or disagree with the Judgment. Regarding the application for revision, UNAT explained that the staff member did not identify a decisive fact that was unknown at the time of the Judgment. Instead, the staff member referred to events that occurred subsequent to the Judgment. As such...