51ÁÔÆæ

UNAT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. UNAT held that UNDT made an error of law when it found the decision to deny Mr Nartey¡¯s request to grant him a lien on his post was an abuse of authority. UNAT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. UNAT held that UNDT made an error of law when it concluded that the impugned decision was retaliatory. UNAT held that UNDT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. UNAT...

UNAT held that there was no error in the UNRWA DT decision that the Appellant did not challenge a discretionary administrative decision that breached the terms of his appointment, rather, he was challenging the rule providing for the manner in which separation benefits should be calculated, including the applicable interest rate. UNAT held that the Appellant did not challenge an appealable administrative decision in that he did not contest a unilateral decision taken by the administration in a precise individual case. UNAT held that UNRWA DT correctly held that the publication of interest...

UNAT had before it an appeal against both Order No. 63 (GVA/2014) and Summary judgment No. UNDT/2014/061. On the Appellant¡¯s additional filings and motions to submit additional pleadings, UNAT held that there were no exceptional circumstances that warranted the inclusion of any of the additional material in the appeal and denied the motions. On the Appellant¡¯s motion requesting UNAT to intervene in matters which fell outside the scope of the appeal, UNAT denied the motion. On the Appellant¡¯s appeal of Order No. 63 (GVA/2014), UNAT rejected the appeal on the basis that her appeal grounds did...

The Appellant appealed the UNRWA DT judgment failure to consider several points and to address compensation. UNAT held that the Appellant did not identify any of the requisite grounds in his appeal. UNAT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to UNRWA DT. UNAT upheld the UNRWA DT¡¯s decision not to award compensation on the basis that there was no evidence in support of the Appellant¡¯s claim of psychological suffering. UNAT held that the Appellant¡¯s case was...

UNAT considered seven motions submitted by Ms Rangel prior to a judgment on the merits. On the two Motions for Interim Relief, UNAT held that Ms Rangel did not seek an interim measure for temporary relief consistent with the pronouncements of the ICJ Conciliation Committee, but rather she sought interim relief in cases where the Committee had dismissed her applications. UNAT held that since one of the two cumulative conditions under Article 9(4) of the UNAT Statute was not fulfilled, it did not need to further consider the second condition. UNAT denied the requests for interim relief. On the...

UNAT held that UNDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, UNAT held that the Appellant failed to establish that UNDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. UNAT held that his requests for relief were denied, noting that where an irregularity has no...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT made an error of law when it applied UNICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. UNAT held that UNDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. UNAT held that UNDT¡¯s conclusion that the non-renewal decision was vitiated by UNICEF¡¯s failure to take remedial measures to improve Mr Assale¡¯s performance was without legal basis. UNAT held that UNDT erroneously concluded that both the Chad Country...

UNAT had before it three decisions of the Conciliation Committee: the first regarding the establishment of two inquiry panels, Panel One and Panel Two; the second in respect of the decision to place the Appellant on administrative leave with pay, and the third concerning the decision to separate her from service. As a preliminary matter, UNAT did not admit to the case file two motions submitted by the Appellant subsequent to the issuance of judgment No. 2015-UNAT-531, as UNAT held that the documents that she sought to adduce would not assist UNAT with its consideration on the merits. By way of...

UNAT considered appeals by both Mr Aliko and the Secretary-General. UNAT held that UNDT correctly concluded that Mr Aliko¡¯s application contesting the decision refusing his request to change nationality for UN purposes was time-barred. UNAT held that UNDT did not err in rejecting as not receivable Mr Aliko¡¯s claims against the decisions on his ineligibility for education grant and on education grant recovery. UNAT held that it was lawful for the Administration to use Mr Aliko¡¯s pending entitlements to recover part of his indebtedness to the Organisation. UNAT held that UNDT erred in concluding...

UNAT considered an appeal by the Secretary-General. With respect to the application of Section 1. 8(d) of ST/AI/1999/9 to Ms Xie, UNAT clarified that the requirement, that the Hiring Manager must submit a written analysis indicating how the qualifications and experience of the recommended candidate are ¡°clearly¡± superior to those of female candidates who were not recommended, refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to...