51ÁÔÆæ

UNAT considered a writ of mandamus from Ms Wesslund, who requested that UNAT order UNDT to accept her applications. UNAT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against UNDT Order No. 100 (NY/2013). UNAT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to UNAT for an extension or waive of the applicable time limits, UNAT held that the appeal of the Order was not receivable ratione temporis. UNAT dismissed the...

UNAT did not accept the argument that there was no evidence to indicate that the Appellant received the letter communicating the outcome of the management evaluation on 14 July 2011, noting that UNDT relied on the Appellant¡¯s statement to ascertain that date. UNAT held that the Appellant failed to show any error on UNDT¡¯s part. UNAT held that the Secretary-General rightly submitted that the deadline for the Appellant to file an application with UNDT was 12 October 2011, notwithstanding any ambiguity as to when she actually received the management evaluation response and the appeal failed on...

UNAT considered an appeal by the Secretary-General against judgment No. UNDT/2012/159; an appeal by the ¡°Applicant¡± (anonymity granted) against judgment No. UNDT/2013/079; and a cross-appeal by the Secretary-General of judgment No. UNDT/2013/079. On receivability, UNAT considered the Secretary-General¡¯s case that UNDT erred on the issue of receivability as the non-disciplinary issues contested by the Applicant were never submitted for management evaluation. UNAT held that UNDT, in deciding that the non-disciplinary issues had been submitted for management evaluation, erred in law and in fact...

UNAT considered an appeal by the Secretary-General. UNAT considered that UNDT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke¡¯s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. UNAT held that when it determines that UNDT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. UNAT clarified that this did not...

UNAT considered an appeal by the Secretary-General. UNAT held that the weight of the evidence, in that case, justified the decision taken by UNICEF. UNAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to UNAT¡¯s satisfaction that...

UNAT considered an application for revision and an application for interpretation of judgment No. 2011-UNAT-112, both filed by Ms Abbasi. On the application for revision, UNAT held that it constituted a disguised way to criticise the impugned judgment or to disagree with it, noting that the rules did not allow the use of an application for revision for such a goal or to modify, complete or improve a UNAT judgment. UNAT held that, even if the ¡°cheating¡± in the written test had been qualified as previously unknown and not due to Ms Abbasi¡¯s negligence, it would not have had a decisive impact on...

UNAT considered Ms Das¡¯s application for Interpretation of judgment with respect to the award of interest on the compensatory damages and any remaining termination benefits and entitlements. UNAT noted that its earlier jurisprudence held that interest was to be paid at the US Prime rate from the date on which the entitlement becomes due, which in this case is the date of the UNDT judgment. UNAT noted that it had merely affirmed the award of compensatory damages and termination benefits by UNDT and had not initiated it. UNAT held that there was no merit to the Secretary-General¡¯s claim that...

UNAT considered the Secretary-General¡¯s appeal. UNAT held that UNDT erred by concluding that ST/AI/2002/3 applied to UNICEF, as the UNICEF Handbook establishes the procedure that a staff member must follow should they wish to rebut the content of their performance report. UNAT noted that the principle articulated in Villamoran v. Secretary-General of the United Nations (2011-UNAT-160), which holds that administrative issuances have greater legal authority over manuals such as the UNICEF Handbook, only where there is a conflict between guidelines and manuals and a properly promulgated...

UNAT considered an appeal limited to the Appellant¡¯s claim that UNDT erred in awarding costs against him. UNAT noted that the jurisdiction of a tribunal to award costs is narrowly restricted to instances where a party has manifestly abused the proceedings. UNAT found that UNDT gave no reasons for its determination that the Appellant had manifestly abused the proceedings, cited no evidence establishing that his application was frivolous or vexatious, or that he had deliberately delayed the proceedings, or had disobeyed an order of UNDT or had, in any other way, abused UNDT¡¯s proceedings. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that, at the time UNICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. UNAT affirmed UNDT¡¯s finding that the staff member¡¯s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration¡¯s decision to reverse the decision was untimely and ineffective. UNAT held that there was no reason to reverse UNDT¡¯s finding that the staff member had been deprived of a...