51ÁÔÆæ

The UNAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.

The UNAT found that the UNDT did not commit any errors when it found that the staff member¡¯s application was irreceivable ratione materiae.

The UNAT noted that the UNDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when UNICEF accepted his resignation. His request for management...

UNAT held that the Administration¡¯s decision to suspend the consideration of initiating a disciplinary process and instead resume it should the Appellant become reemployed by the Organization in the future, did not constitute an appealable administrative decision for the purpose of Article 2(1)(a) of the UNDT Statute, as it did not produce a present and direct adverse impact on Ms. Mugo¡¯s terms or conditions of appointment.

UNAT held that all the Administration did was inquire if the Appellant was prepared to cooperate in a disciplinary process. Therefore, as no written allegations were ever...

The UNAT held that the OAI recommendation in its investigation report that disciplinary action should be taken against the staff member did not constitute an administrative decision. Moreover, the recommendation of OAI was not a ¡°decision¡±. It was an intermediate recommendation and thus did not have a direct, legal or adverse effect. The UNAT found that, likewise, the decision that there was insufficient evidence to charge the staff member with misconduct did not constitute an administrative decision because it did not have an adverse impact on his rights under the contract of employment. The...

UNAT held that the Appellant¡¯s consent to foregoing an in-person hearing was not required, pursuant to Rule 22 of the ICAO Appeals Board Rules and ICAO Staff Rule 111.1(18). The Appellant was advised by the ICAO Appeals Board of its intention to proceed with a summary decision and she participated in this process by making submissions without objecting to it. Therefore, it was not an error of law for the Appeals Board of ICAO to have considered and decided the summary judgment without an in-person hearing but otherwise in compliance with due process requirements of participation therein by...

The UNAT dismissed the appeal. The UNAT held that the UNDT correctly found not receivable Ms. Raschdorf's application with respect to the non-renewal decision and the ABCC¡¯s decision given Ms. Raschdorf's failure to request management evaluation. The UNAT found that contrary to Ms. Raschdorf's contention, the non-renewal decision was not taken subsequent to advice from a technical body. As to the ABCC's decision on whether the claim was time-barred, the UNAT found that that decision was not based on a consideration of a medical evaluation but was concerned with the timeliness of the...

The UNAT held that the UNDT correctly pointed out that the only remedy requested by the staff member in his application to the UNDT was the rescission of the administrative decision not to transfer him. Only now on appeal does the staff member raise other claims and additionally requests payment of all salaries and benefits from the date of termination to the date of the UNAT Judgment, including pension benefits and compensation for the material and moral harm inflicted on him, caused by harassment, mistreatment, and unlawful termination. His new requests on appeal cannot be accepted by the...

The UNAT dismissed the appeal. The UNAT found that the UNDT erred in finding that the application was not receivable ratione personae and ratione materiae. The UNAT held that the refusal to investigate his complaint constituted an appealable administrative decision and the application was thus receivable ratione materiae. Furthermore, given that in this case the purported abuse was alleged to have been the improper rationale for the separation from service of Mr. Ross, as a former staff member, it was sufficiently connected to his employment to confer jurisdiction ratione personae. Turning...

The UNAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked UN vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...

Mr. Pierre filed an appeal. UNAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. UNAT was satisfied that the UNDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. UNAT also found that Mr. Pierre had not provided sufficient evidence that the...

Mr. Russo-Got appealed. The UNAT held that the evidence incontrovertibly established that Mr. Russo-Got had failed to challenge any blacklisting decision in his request for management evaluation. Moreover, while the application contained references to several posts for which he had applied and had not been selected, he did not request management evaluation of any selection decision nor did he appeal any particular selection decision in his application to the UNDT. The UNAT found that UNDT accordingly had not erred in finding that the claims in the application regarding the alleged...