51ÁÔÆæ

UNAT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before UNDT. However, UNAT held that UNDT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the UNDT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

UNAT considered an appeal by the Secretary-General limited to the matter of compensation. UNAT held that the appeal had to be allowed in part because UNDT erred in setting the compensation in lieu of reinstatement at two years¡¯ net base salary without considering that Mr Gakumba¡¯s previous fixed-term appointments were one year each. UNAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year¡¯s net base salary. UNAT affirmed the UNDT judgment on compensation for non-pecuniary damages and held that no error of law was...

UNAT considered an application of the Secretary-General for interpretation of judgment No. 2012-UNAT-240. UNAT held that the application did not fulfil the requirements of Article 11 of the UNAT Statute and was therefore manifestly inadmissible. UNAT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. UNAT rejected the Secretary-General¡¯s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

UNAT considered an appeal by the Secretary-General. UNAT held that it could not sustain the conclusion of UNDT that Mr Koutang¡¯s actions did not amount to misconduct. UNAT held that the sanction imposed was not unreasonable, absurd, or disproportionate and, as such, UNAT held that it was a reasonable exercise of the Administration¡¯s broad discretion in disciplinary matters. UNAT held that UNDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. UNAT allowed the appeal and vacated the UNDT judgment.

UNAT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified UNJSPF in October 2003 of his marriage to Mrs Sidell and UNJSPF requested him to provide his original marriage certificate, which he did; and UNJSPF did not follow up with Mr Sidell about the matter. UNAT held that UNJSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell¡¯s pension record was corrected and that his marriage to Mr Sidell was recognised by UNJSPF. UNAT held that, in the circumstances, it was...

UNAT considered an appeal by the Secretary-General. UNAT held that grounds existed to discharge Mr Leal for misconduct, without needing to address the issue of the alleged circumvention of the recruitment process for the purposes of hiring. UNAT held that the misconduct and disciplinary measure of dismissal fell within the discretion of the Secretary-General and could not be seen as disproportionate to the offences unless it was the result of proven abuse or arbitrary exercise of that discretion. UNAT held that the key elements of Mr Leal¡¯s due process were met. UNAT held that, since the...

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that Ms Akello¡¯s involvement in the private company Blessed Seasons, which was on a UN list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. UNAT held that, in ruling otherwise, UNDT erred in law and fact and the Secretary-General¡¯s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

UNAT considered an appeal by the Secretary-General against judgment Nos. UNDT/2011/209 (on liability) and UNDT/2012/062 (on relief). UNAT held that there was no evidence to support the UNDT¡¯s conclusion that, had the UN Staff Pension Committee (UNSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. UNAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. UNAT held that...

UNAT considered an application for interpretation by Mr Shkurtaj on the issue of interest. UNAT referred to Warren (judgment No. 2010-UNAT-059) and Mmata (judgment No. 2010-UNAT-092) for the holding that interest was to be paid at the US Prime rate from the date on which the entitlement became due. UNAT held that the interest payable was at the US Prime Rate and that an extra five per cent should be added to the US Prime Rate if the judgment was not executed within 60 days of its issuance. UNAT held that the date from which interest on the compensation was to be paid at the US Prime Rate was...

UNAT considered Mr Gakumba¡¯s application for revision of judgment No. 2013-UNAT-387. UNAT held that it did not fulfil the statutory requirements and was seemingly disguised as an attempt to re-open the case. UNAT held that it would be manifestly unreasonable to submit that the UNDP Conversion Policy issued in 2010 could not be argued by the staff member in 2012 before the UNDT, or in 2013 before UNAT. UNAT held that no valid reason had been provided about the untimely submission of the application for revision. UNAT dismissed the application for revision.