51ÁÔÆæ

UNAT considered an appeal against UNDT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. UNAT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to UNDT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, UNAT held that UNDT...

UNAT noted that, in considering an appeal filed by a former ICAO staff member, it was reviewing a decision taken by an executive authority (i. e. ICAO Secretary-General) on the basis of the conclusions and recommendations of the AJAB, and not a judgment delivered by a professional, independent court of first instance determining the issue itself through its decision, i. e., UNDT. UNAT held that to that extent, the UNAT Statute is only applicable to such an appeal insofar as, and on condition that its provisions are compatible with the judgment of an appeal directed against a decision taken by...

UNAT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against UNDT Order No. 101 (NBI/2011) and judgment No. UNDT/2012/002. The Secretary-General asserted that UNDT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the UNDT Statute had been met. UNAT held that UNDT did not respect the limit of five working days, as set forth in Villamoran (2011-UNAT-160), when it extended the suspension until 17 August 2011 when the...

UNAT considered the appeal, in which the Secretary-General requested that UNAT consider the appeal receivable and find that UNDT exceeded its competence in ordering a suspension of action on the decision not to extend Mr Rawat¡¯s appointment. UNAT noted that, in imminently executing the administrative order, UNDT failed 51ÁÔÆæ the five-working-day limit, set forth in Villamoran (2011-UNAT-160), without giving any reasons for doing so and thus, clearly exceeded its competence. UNAT consequently held that the appeal against the contested order was receivable and founded. UNAT rescinded...

UNAT considered Ms Simmons¡¯ appeal and the Secretary-General¡¯s cross-appeal. With respect to Ms Simmons¡¯ claim that UNDT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, UNAT found that UNDT placed undue weight on Ms Simmons¡¯ omissions and/or actions. UNAT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons¡¯ claim that she did not receive full and fair consideration regarding Post 1, UNAT held that UNDT did not...

UNAT held that the contentions against judgment No. UNDT/2009/004 were not receivable since only appeals against judgments on merits are receivable. Regarding the contentions against judgment No. UNDT/2011/080, UNAT held that there was no need to produce further documents. UNAT held that UNDT had correctly applied Article 10. 5 of the UNDT Statute in ordering compensation in lieu and that the Appellant had no right to request UNAT to order his reinstatement. UNAT noted that the non-renewal was based on a tainted performance evaluation and that UNDT, therefore, ordered the rescission of the...

UNAT considered Mr Al-Mulla¡¯s application for revision of judgment No. 2012-UNAT-226. UNAT noted that the application for revision was signed more than six months beyond the time limit. UNAT dismissed the application for revision.

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 held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; UNAT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. UNAT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was...

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...