51ÁÔÆæ

As a first preliminary matter, UNAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. UNAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant¡¯s own motions and UNAT would not have asked her to disclose such information. UNAT denied the motion. As a second preliminary matter, UNAT considered a motion to respond to the Respondent¡¯s observations on a motion. UNAT held that its RoP did...

As a preliminary matter, UNAT granted the Appellant¡¯s motion to file additional pleadings in the form of submission that UNAT had decided previously that the MICT was a Secretariat entity and was thus precluded from holding to the contrary. On the merits, UNAT held that the Appellant was not eligible for a continuing appointment for three reasons: (1) he did not work for the Secretariat; (2) the MICT had no authority to grant a continuing appointment; and (3) he was not in active service in the Secretariat under a fixed-term appointment throughout the period of consideration. On consideration...

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing. UNAT held that the Appellant failed to discharge his burden of showing that the UNDT Judgment was defective or identifying grounds for appeal. In addition, UNAT held there was no basis for vacating the UNDT Judgment. UNAT held that the Appellant did not specifically contest the UNDT¡¯s findings on receivability and that receivability was not therefore an issue before it. UNAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that UNDT erred in its...

UNAT held that the Appellant did not demonstrate any errors in the UNDT¡¯s finding that her application was filed one day late and was out of time. UNAT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the UNDT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the UNDT Judgment, UNAT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...

UNAT first agreed with the UNDT that the abolition of post was not a reviewable administrative decision. Second, UNAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member¡¯s appointment. The staff member¡¯s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a ¡°dry cut.¡± A ¡°dry cut¡± happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

UNAT considered an appeal by Mr. Rugerinyange. UNAT noted that Mr. Rugerinyange sought to challenge an administrative decision directly affecting the terms of his new contract as an individual contractor. Therefore, even if the administrative decision of placing him on administrative leave with pay referred to facts which had occurred while he was still a staff member, as he claimed, it affected the new contract and his new capacity as an independent contractor. As such, he had no legal standing before the UNDT. Accordingly, UNAT dismissed the appeal and affirmed the UNDT Order.

UNAT held UNDT erred in law with regard to its finding that the second decision to renew the Appellant¡¯s fixed-term appointment superseded the first decision to renew his appointment (the challenged decision). Nevertheless, UNAT held that this finding was not dispositive of the appeal in the Appellant¡¯s favour, as his application was not receivable on the grounds of another basis of mootness. UNAT held that the contested decision to renew his fixed-term appointment by three months instead of two years did not constitute an appealable administrative decision for the simple reason that the...

Noting that the Appellant passed away during the course of the litigation and before the hearing of the appeal before UNAT, UNAT held that the claim, namely her challenge to the Administration¡¯s refusal to move her back to her previous position, did not pass to her legal successor(s) in interest, no action is allowed to be commenced by her personal representative or successor in interest and that, under the specific circumstances of the case and due to the nature of the dispute, the issue in dispute was moot. Notwithstanding the mootness of the issue in dispute, UNAT held that the UNDT¡¯s...

UNAT dismissed the appeal and upheld the UNDT Judgment. The Tribunal explained although there is no expectancy of renewal, renewal of FTAs are ¡°normally¡± for a period of two years ¡°at a time¡±. Because of the words ¡°at a time¡±, the Tribunal cautioned that although a new FTA would supersede a previous one, it would not necessarily subsume the previous one. As such, a subsequent FTA would constitute a separate FTA. However, the Tribunal also highlighted that the applicable law in this case allowed the Administration to renew FTAs for periods less than two years. In conclusion, UNAT held there...

UNAT considered an appeal by Mr. Postica. UNAT found no errors in the UNDT Judgment and dismissed the appeal.