UNAT held that UNDT could not suspend or waive the time limit to file an appeal more than three years after the applicant’s receipt of the contested administrative decision. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and upheld the UNDT judgment.
UNAT recalled that access to the new system of administration of justice can be extended to persons who are not formally staff members but who can legitimately be entitled to rights similar to those of a staff member. UNAT held that this exception must be understood in a restrictive sense. UNAT held that interns have no access to the new system of administration of justice. UNAT dismissed the appeal.
UNAT considered judgment Nos. UNDT/2009/052 and UNDT/2009/062. UNAT held that the appeal to the Joint Appeals Board was not filed within the time limits and that UNDT did not have jurisdiction to waive them. UNAT held that the application before UNDT was not receivable ratione temporis. UNAT dismissed the appeal and vacated the UNDT judgments.
UNAT affirmed the UNDT judgment. UNAT held that OIOS operates under the “authority” of the Secretary-General but has “operational independence”. UNAT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. UNAT held that UNDT also has no jurisdiction to do so, as it can only review the Secretary-General’s administrative decisions. UNAT, however, noted that to the extent that any OIOS decisions are used to affect staff members’ terms or contract of employment, OIOS’ reports may be...
UNAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before UNAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration’s withdrawal of the offer of...
UNAT was not persuaded that UNDT erred in its judgment. UNAT held that, at the time of receipt of his settlement offer, the time limit to file the application to UNDT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. UNAT held that the exceptional suspension of time limits provided for under Article 8(1) of the UNDT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. UNAT held that the settlement...
UNAT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the UN, through UNAMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by UNAMID during the term of the Loan Agreement. UNAT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. UNAT held that, without access to the administration of justice system within the UN, the Appellant would have no right to an effective remedy from the competent tribunal in...
UNAT considered an appeal of UNDT Order No. 50 (GVA/2010) by the Secretary-General. UNAT held that the issue under consideration was settled, as UNAT had consistently held that UNDT had no jurisdiction to waive deadlines for management evaluation or administrative review. UNAT held that UNDT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. UNAT allowed the appeal and set aside the UNDT Order.
UNAT held that UNRWA DT had correctly dismissed the application as not receivable for being time-barred. UNAT held that UNRWA DT had correctly found the application not receivable ratione materiae since the Appellant had not contested an administrative decision and had erroneously filed his appeal with the International Joint Appeals Board. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
UNAT held that, when the Appellant contested before UNAdT his separation from the Organisation, he should have also submitted the request for payment of a termination indemnity, to be able to collect it if he did not succeed in the first part of his application. UNAT held that the decision of the Management Evaluation Unit to consider the Appellant’s request not receivable as time-barred was correct. UNAT held that, even though the Appellant revisited the issue of his separation on several occasions under the old system, he might have been misguided into believing that he could bring the...
