51ÁÔÆæ

UNAT considered appeals from both the Secretary-General and M Akyeampong on the issue of whether Ms Akyeampong could be denied a promotion on account of the two reprimands. UNAT held that the two reprimands had not been an obstacle to Ms Akyeampong filling a D-1 position or being recommended for a promotion. Moreover, UNAT held that the presence of the two reprimands had not debarred her from being promoted during the 2009 annual promotion session. UNAT allowed Ms Akyeampong¡¯s appeal in part, rescinded the impugned decision and dismissed the Secretary-General¡¯s appeal, with Judge Weinberg de...

UNAT considered the Applicant¡¯s application for revision of judgment No. 2012-UNAT-209. UNAT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the UNAT Statute. UNAT held that the issuance of another judgment during the same session as which the Applicant¡¯s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. UNAT held that the application was submitted almost one year...

UNAT held that UNDT did not commit any error when it determined that the application before it was not receivable as it was time-barred. UNAT noted that it was technically improper for UNDT to analyse the merits of the case after declaring the application time-barred. UNAT held that even if the appeal had been receivable ratione temporis, the Appellant¡¯s claim could not succeed. UNAT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. UNAT dismissed the...

On the Appellant¡¯s claims of discriminatory and arbitrary practices, UNAT did not find that UNDT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and UNDT¡¯s findings demonstrated that it took cognisance of all relevant information. UNAT held that there was no error by UNDT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. UNAT held that UNDT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...

UNAT considered the Secretary-General¡¯s appeal. UNAT rejected the Secretary-General¡¯s submission that UNDT erred in ¡°double-counting¡± by using the same element of Mr Andersson¡¯s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. UNAT also rejected the Secretary-General¡¯s submission that Mr Andersson only fleetingly referred to...

UNAT vacated UNDT¡¯s award of CHF 5,000. UNAT held that, while UNDT had the power to award costs for manifest abuse of proceedings before JAB, UNDT erred in finding that the Secretary-General¡¯s delay in responding to the JAB report constituted a manifest abuse of proceedings. UNAT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. UNAT held that, before UNDT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law in its determination. UNAT held that there was no legal basis for UNDT to bind the Administration to a 90-day statutory time limit. UNAT held that it was not necessary to remand the case to UNDT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. UNAT held that as of 30 June 2009, UNAT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...

UNAT considered both an appeal by Ms Tsoneva and an appeal by the Secretary-General. UNAT disagreed with the UNDT¡¯s interpretation of the prescribed procedure, leading to the discontinuation of Ms Tsoneva¡¯s position, noting that there was no requirement that the staff member¡¯s meeting with the manager must take place after the staff member had received a written notification or that the manager must consult a concerned staff member. UNAT held that the Director complied with the prescribed procedure by discussing the matter with Ms Tsoneva, informing her in writing of his intention to request...

UNAT held that UNDT did not commit an error of fact or law when it concluded that the difference of treatment between the Appellant and his former colleagues who had undergone a competitive selection process was lawful. UNAT held that it was reasonable and lawful to treat them differently at the time of deciding about the possible extension of his fixed-term appointment because equality meant not only the equal treatment of equals but also the unequal treatment of unequal. UNAT held that there was no flaw in the motivation of the impugned judgment that could result in a manifestly unreasonable...

On the alleged procedural error of the UNDT not allowing an oral examination of witnesses, UNAT held that it was well within the competence of UNDT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; UNAT dismissed this ground of appeal. UNAT held, affirming the finding of UNDT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. UNAT found no merit in the ground of appeal that UNDT failed to consider that UNHCR...