UNAT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. UNAT was satisfied that the AJAB had considered all relevant evidence to the issues. UNAT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.
UNAT rejected the request for an oral hearing. UNAT held that there was no merit in the Appellant’s claim that he should be considered a UN staff member because he worked with UNOPS for over three years. UNAT concluded that UNDT correctly decided that the application was not receivable ratione personae. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT rejected the request for an oral hearing. UNAT held, noting that the Appellant appeared to be restating the same claims she made before UNDT, that she did not identify any grounds for her appeal nor demonstrate that UNDT committed any error of fact or law in arriving at its decision. UNAT held that UNDT fully and fairly considered the case, without errors of law or fact. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT considered an appeal by the Commissioner-General. UNAT held that the Commissioner-General’s appeal was not time-barred and was, therefore, receivable. UNAT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, UNAT held that UNRWA DT did not have jurisdiction to award compensation for loss of earnings. UNAT held that any financial loss appears to be generated as the main cause and directly by the Director of UNRWA Affairs, Lebanon’s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the UNRWA DT and that...
On an appeal by the Secretary-General, UNAT held that UNDT erred in concluding that the applications were receivable. UNAT noted that Article 2(1) of the UNDT Statute limits the UNDT’s jurisdiction to hearing appeals against administrative decisions. UNAT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. UNAT noted that, with the...
UNAT considered the Secretary-General's appeal, specifically as to whether UNRWA DT’s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, UNAT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. UNAT held that there was no room for UNRWA DT to substitute its decision...
UNAT considered whether UNRWA DT correctly concluded that the application was non-receivable ratione materiae. UNAT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the UNAT Statute. UNAT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, UNAT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, UNAT...
UNAT considered the Secretary-General's appeal and the staff members’ cross-appeal. UNAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, UNAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. UNAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...
With respect to the Appellant’s first claim, UNAT agreed with UNDT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, UNAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. UNAT agreed with UNDT in that the decision to abolish Appellant’s post was not receivable ratione materiae. UNAT...
UNAT considered the Secretary-General's appeal, challenging UNDT’s finding that the application, as it related to the second contested decision, was filed on time and was receivable. UNAT agreed with the Secretary-General, that the official holiday at the New York Registry on 5 September 2016 is irrelevant for the determination of the timeliness of the individual’s filing before the Nairobi Registry. Although the case was later transferred to New York, on 6 September 2016, this case was still recorded as pending before UNDT Nairobi and the filing of all documents in that month was expected to...
