51ÁÔÆæ

UNAT considered the appeal and affirmed UNJSPF¡¯s decision. UNAT found that UNJSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, UNAT found it unnecessary to address the additional reliefs sought by the Appellant. UNAT accordingly affirmed UNJSPF¡¯s decision to award the widow¡¯s benefit to the former staff member¡¯s first wife and denied all reliefs...

UNAT considered the Appellant¡¯s appeal and found that she did not demonstrate that her request for an extension of time was reasonable. UNAT found that the evidence about negotiations being contemplated, needed, or underway was previously refuted on appeal. UNAT noted that the Appellant had the time and the assistance of legal counsel to advance her application and did not avail herself of those opportunities. UNAT accordingly dismissed the appeal.

On appeal, the Appellant asserted that the Commissioner-General erred in not following the JAB¡¯s recommendation. UNAT held that the JAB did not assess the totality of the evidence when making its recommendation. UNAT specifically held that the JAB¡¯s recommendation that no clear policy or instruction prevented the Appellant from giving the individual the authorization to use the DSA Facility did not take into account that there was a clear policy to inform his supervisors, which the Appellant failed to do. UNAT accordingly dismissed the appeal.

In considering the Appellant¡¯s appeal, UNAT found that the appeal was not receivable with respect to the issue of the Appellant¡¯s non-promotion during the 2004-2005 Annual Promotion Session as the issue was not raised before UNDT. UNAT also found that UNDT did not err in finding on the merits that the Appellant had not been subjected to harassment. UNAT noted that there was a proven record of considerable efforts deployed in order to resolve the Appellant¡¯s situation, involving the UNHCR senior management at the highest level and that the High Commissioner personally met the Appellant and...

UNAT referenced the Shanks jurisprudence (judgment No. 2010-UNAT-026bis) where it held that the authority of a final judgment - res judicata - cannot be so readily set aside. UNAT noted that there are only limited grounds as enumerated in Article 11 of the UNAT Statute for review of a final judgment and an allegation of an error in law is not one of them. UNAT dismissed the application to set aside and remand the previous judgment.

UNAT stated that an Application for Interpretation is not receivable if its actual purpose is to have UNAT re-examine its decision, even though its judgments are final and without appeal, or to have it comment on its decision. UNAT held that the applications made under subparagraphs (a) to (g) of paragraph 30 of the appeal, with the purpose of either calling into question the decision or having UNAT issue comments on the decision, were not receivable. UNAT held that the use of the word ¡°annul¡± would not lead to confusion in the mind of a party in good faith because the language of...

UNAT held that the Appellants each failed to bring themselves under the exceptional circumstances provision of former Staff Rule 111. 2(f). UNAT held that there was no legal difference between exceptional circumstances and exceptional cases. UNAT held that a delay can generally be excused only because of circumstances beyond an Appellant¡¯s control. UNAT held that no error in fact or in law was made by UNDT. UNAT dismissed the appeal.

UNAT considered the Secretary-General¡¯s appeal. UNAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. UNAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. UNAT accordingly held that UNAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant¡¯s...

UNAT preliminarily denied the Appellant¡¯s request for an oral hearing, determining that there was no need for further evidence, and then considered the appeal. UNAT held that the minor errors in the promotion process prejudiced no one¡¯s rights, especially in that, while it is much better practice to do so, the Appellant cited no authority requiring the listing of the exact number of positions available in the vacancy announcement. UNAT also affirmed the findings of fact by UNDT, including that the Appellant well knew the numbers of vacancies, and there was no individual prejudice to him in the...

UNAT found that the Applicant¡¯s appeal was receivable because he was not notified of any written administrative decision on non-extension of his contract after 31 December 2007. UNAT found that UNDT ignored that the time limit of two months, required by rule 111. 2(a), begins to run ¡°from the date the staff member received notification of the decision in writing. ¡± As the Applicant was never communicated any written administrative decision, UNAT found that UNDT erred in holding that the appeal was not receivable. UNAT set aside UNDT¡¯s judgment and remanded the case back to UNDT to have the...