51ÁÔÆæ

UNAT noted that UNDT correctly stated that the former UN Administrative Tribunal considered and rejected all of the Appellant¡¯s other pleas and that for this reason, the matter of interest was res judicata. UNAT also noted that UNDT ordered the Secretary-General to make a payment of USD 25,000 as compensation for the excessive and inordinate delays and the emotional harm and to arrange for a Medical Board to consider outstanding invoices. UNAT found that, as the Secretary-General did not appeal, he had therefore accepted the UNDT¡¯s decision and financial award. UNAT held that UNDT¡¯s decision...

UNAT considered the Secretary-General¡¯s appeal and Mr Skourikhine¡¯s cross-appeal. With respect to the Secretary-General¡¯s appeal, UNAT noted that there is no requirement in Section 9. 4 of ST/AI/2010/3 for the head of department to first review all non-rostered candidates, and it had even been amended to specifically remove such a requirement. UNAT found that UNDT erred in law in deciding that the appointment of the rostered candidates was contrary to ST/AI/2010/3, as the decision to do so was entirely within the Administration¡¯s discretion, and no abuse of that discretion has been...

UNAT considered Mr Wang¡¯s appeal, specifically as to whether UNDT correctly concluded that the selected candidate, Ms C. Y., fulfilled the requirements for the post and whether UNDT correctly concluded that Mr Wang was accorded full and fair consideration in the selection process for the post. UNAT was satisfied that the evidence before UNDT supported the Administration¡¯s decision to select Ms C. Y. for the post. UNAT found that there was sufficient evidence that Ms C. Y. had the requisite word count translation requirement and that the Administration gave her proportionate credit for her...

UNAT considered the Appellant¡¯s claim that UNDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. UNAT held that UNDT did not commit any error of procedure so as to affect the outcome of the present case. UNAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of UNDT and do...

As a preliminary matter, UNAT denied the Appellant¡¯s application for confidentiality. UNAT rejected the Appellant¡¯s contention that the Senior Human Resources Officer did not have the appropriate authority to take the contested decision and that such power lay only with the Director of Administration. UNAT held, in agreement with UNDT, that the e-mail from the Senior Human Resources Officer conveyed a clear and definite administrative decision with direct legal consequences for the Appellant. UNAT held, in agreement with UNDT, that the subsequent response from the Director of Administration...

UNAT considered an appeal by the Secretary-General. With respect to the application of Section 1. 8(d) of ST/AI/1999/9 to Ms Xie, UNAT clarified that the requirement, that the Hiring Manager must submit a written analysis indicating how the qualifications and experience of the recommended candidate are ¡°clearly¡± superior to those of female candidates who were not recommended, refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to...

UNAT considered both appeals by the Secretary-General and by Ms. Benfield-Laporte. UNAT affirmed UNDT¡¯s finding that the ASG/OHRM did not err in deciding that the staff member¡¯s complaint did not provide sufficient grounds to warrant a formal fact-finding investigation. UNAT held that the ASG/OHRM has a degree of discretion as to how to conduct a review and assessment of a complaint and to decide whether an investigation regarding all or some of the charges is warranted. UNAT held that where there is no risk of undermining the investigation, it is a good practice to hear both sides in order to...

UNAT considered the Secretary-General¡¯s appeal. UNAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. UNAT held that the UNDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. UNAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. UNAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred when it concluded that the Administration¡¯s decision was unlawful and that the sanction imposed was disproportionate to the nature and gravity of the behaviour triggering it. UNAT held that UNDT erred when it ordered rescission of the sanction and compensation in lieu thereof and substituted the sanction imposed for a lesser one. UNAT held that the Secretary-General had broad discretion to determine whether the assault amounted to serious misconduct and to determine the appropriate disciplinary measure. UNAT held...

UNAT held that UNDT erred in finding the Hiring Manuals binding on the Administration, nonetheless, confirming that the Hiring Manager¡¯s reliance on the shortlist prepared by the CSS/OSU constituted a procedural irregularity in terms of Section 7. 4 of ST/AI/2010/3, which undisputedly enjoys binding legal authority. UNAT held that such irregularities only result in the rescission of a non-selection decision or of the decision not to shortlist a candidate in case the candidate had a significant chance, which could not be verified in this case, the same logic being applicable to compensation for...