51ÁÔÆæ

UNAT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. UNDT/2010/038. UNAT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. UNAT held that an appeal against the Order was not receivable because it was not a final judgment rendered by UNDT. Regarding judgment No. UNDT/2010/038, UNAT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. UNAT held that the Appellant had failed to complete his appeal...

UNAT rejected the request for an oral hearing finding that the issues raised on appeal did not require further clarification. UNAT rejected the submission from the Secretary-General that the appeal was time-barred since the appeal was a corrected appeal and, therefore, conform to the requirements of Article 8 of the UNAT RoP. UNAT held that the Appellant had failed to identify one of the five grounds of appeal which could give legal basis to her appeal and that her arguments were the same made before UNDT. UNAT held that the Appellant had failed to establish how UNDT had erred on questions of...

UNAT held that UNDT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. UNAT held that the Appellant had failed to establish that UNDT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT rejected the Secretary-General¡¯s interlocutory appeal against the UNDT order as not receivable, finding that UNDT had discretionary authority in case management and the production of evidence in the interest of justice. UNAT held that UNDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. UNAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

UNAT held that the Appellant filed her claim against the wrong entity (the Secretary-General) when her case was, in actual fact, against UNRWA. UNAT held that the claim was time-barred. UNAT held that the appeal to JAB was also out of time. UNAT dismissed the appeal.

UNAT held that the appeal was time-barred and, therefore, not receivable. However, UNAT noted that, even if the appeal was receivable, there did not appear to be valid grounds for contesting the decision to withdraw the offer of appointment or for requesting compensation for loss of earnings. UNAT also noted that the request for the removal of the defense brief from the file, as it contained information relating to the informal dispute resolution process, could have been taken into consideration since Article 15 of the UNAT RoP provides that such information shall remain confidential and never...

In considering the Appellant¡¯s appeal, UNAT found that the appeal was not receivable with respect to the issue of the Appellant¡¯s non-promotion during the 2004-2005 Annual Promotion Session as the issue was not raised before UNDT. UNAT also found that UNDT did not err in finding on the merits that the Appellant had not been subjected to harassment. UNAT noted that there was a proven record of considerable efforts deployed in order to resolve the Appellant¡¯s situation, involving the UNHCR senior management at the highest level and that the High Commissioner personally met the Appellant and...

The Administration paid the compensation ordered by UNDT and the Secretary-General subsequently filed his cross-appeal challenging UNDT¡¯s decision to award compensation. UNAT held that, by paying the compensation ordered, the Secretary-General accepted the UNDT judgment and that his cross-appeal was, therefore, moot.

The Secretary-General appealed. UNAT dismissed the Secretary-General¡¯s appeal against the UNDT¡¯s interpretation of judgment. It found that the appeal was not receivable because the interpretation of a judgment is not a fresh decision or judgment within the meaning of Article 2. 1 of the UNAT Statute.

The Secretary-General appealed, asserting that UNDT exceeded its competence in ordering suspension of the decision not to renew Mr Onana¡¯s appointment until it determined the substantive application on its merits. UNAT noted 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; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. UNAT...