51ÁÔÆæ

UNAT refused the Appellant¡¯s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to UNDT. UNAT held that UNDT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. UNAT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his UNDT application, and by corollary should then have removed the written reprimand and all reference to it...

UNAT held that the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. UNAT held that UNDT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. UNAT held that UNDT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...

UNAT held that the Appellant failed to identify the grounds for his appeal and thus, the appeal was defective. UNAT inferred that the Appellant claimed UNRWA DT failed to exercise its jurisdiction. UNAT held that the legal conclusion of UNDT that the application before it was not receivable was unassailable. UNAT held that UNRWA DT did not err when it did not discuss whether the case was an exceptional case for extending, waiving, or suspending the deadline for the filing of the application. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that UNDT was correct to reject the Appellant¡¯s application and held that the appeal had no merit. UNAT held that ,for various reasons, UNDT erred in not finding that the whole of the application was not receivable ratione materiae. UNAT held that the Office of Internal Oversight Services did not decide the question of whether an investigation ought to be conducted, but rather passed it into the hands of UN-Habitat. UNAT held that this preliminary step of referral was not, of itself, capable of producing direct legal consequences affecting the Appellant¡¯s terms of conditions of...

UNAT held that UNDT did not make an error of law in concluding that the Appellant¡¯s application was not receivable ratione materiae. UNAT held that UNDT correctly concluded that there was no implied administrative decision to challenge at the time the Appellant filed his judicial review application and that his application was also not receivable on that basis. UNAT found no errors of fact or law by UNDT in awarding costs against the Appellant. UNAT held that the Appellant was well-aware of his obligation 51ÁÔÆæ Staff Rule 11.2(a), yet he: (a) intentionally failed to seek management...

UNAT considered an appeal by the Secretary-General. UNAT allowed the appeal on the grounds that UNDT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. UNAT held that it disagreed with UNDT on the matter of receivability and that there was no administrative decision capable of being appealed before UNDT. UNAT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of...

UNAT held that, while it may be argued that the Appellant did not request her transfer to Amman, she consented to it, and the transfer was effected for her personal convenience. UNAT held that the text of UNRWA Area Staff Rule 107. 9 was clear and that UNRWA DT correctly concluded that she was not entitled to the payment which she sought. UNAT held that, contrary to the Appellant¡¯s submissions, UNRWA DT did not exclude her evidence. Recalling the broad discretion of UNRWA DT to ascertain the weight to attach to the evidence before it, UNAT noted that UNRWA found that the Appellant¡¯s evidence...

UNAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. UNAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. UNAT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. UNAT held that UNDT¡¯s conclusion that the application was receivable was without legal basis as was its award of compensation. UNAT held that...

UNAT considered an appeal by the Secretary-General. UNAT affirmed, albeit on different grounds, the UNDT award of compensation to Mr Pirraku. UNAT observed that the issues surrounding Mr Pirraku¡¯s non-promotion should not have been presented to, or addressed by, UNDT. UNAT held that the issues regarding Mr Pirraku¡¯s non-promotion were the subject of a settlement and release agreement reached through mediation and, as such, were not subject to judicial review. UNAT held that the issue for UNDT¡¯s determination was the execution of the settlement agreement. UNAT held that the issues of...