51ÁÔÆæ

UNAT considered whether the Appellant filed his appeal within the applicable time limit. UNAT noted that the 60-day time limit to file an appeal expired on 11 April 2016 and the Appellant filed his appeal on 12 April 2016. UNAT held that the appeal was time-barred and that the Appellant did not request a waiver or extension of the deadline from UNAT. UNAT accordingly did not need to address the Appellant¡¯s motion to submit additional evidence. Moreover, UNAT did not find any fault with UNRWA DT¡¯s holding, as it was clear that the Appellant did not meet the criteria for selection, and it was...

UNAT considered the Appellant¡¯s appeals. UNAT did not find merit in the Appellant¡¯s claims that UNRWA DT erred on questions of law and procedure by finding that the security situation and safety of staff was considered by the Administration based on the United Nations regulations concerning the safety of its staff members. UNAT held that the Appellants failed to demonstrate any errors in UNRWA DT¡¯s finding that the Administration¡¯s decision to assess and terminate their service resulted from a valid exercise of the discretionary power of the Administration and was not tainted by improper...

UNAT considered the appeal and found that the manner in which UNDT went about investigating the disputed facts, in this case, was insufficient. UNAT held that because there had not been adequate fact-finding, there was insufficient evidence before it to decide the appeal. UNAT accordingly held that the need for more evidence, and a factual determination based upon it, required the matter to be remanded to UNDT for fresh consideration, pursuant to Article 2(3) of the UNAT Statute. UNAT upheld the appeal, vacated UNDT¡¯s judgment, and remanded the matter to UNDT.

UNAT considered the Appellant¡¯s appeal, in which she alleged that UNDT acted inappropriately in granting a summary judgment, that UNDT erred on a question of fact, resulting in a manifestly unreasonable decision, and that UNDT exceeded its jurisdiction or competence in awarding costs against her. UNAT held that it was entirely appropriate after the case management process had been concluded, for the UNDT to grant a summary judgment and that there was no legitimate inference that its decision to do so was influenced by any bias or prejudgment on the part of the Presiding Judge. UNAT also held...

UNAT considered the Secretary-General¡¯s appeal and Ademagic¡¯s cross-appeal. UNAT upheld UNDT¡¯s determination that the Assistant Secretary-General for Office of Human Resources Management did not give meaningful individual consideration to the staff members¡¯ requests for conversion to permanent appointments. UNAT noted that it gave a clear directive to the Administration that, upon remand, it should consider the staff members¡¯ suitability for conversion to permanent appointments ¡°by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert their...

UNAT considered the Secretary-General¡¯s appeal, specifically the question of whether Mr Wilson¡¯s circumstances were sufficient to vitiate the Assistant Secretary-General of OHRM¡¯s decision. UNAT recalled the criteria set out in Sanwidi, 2010-UNAT-084 (para. 42), according to which it can interfere with an administrative decision. UNAT found that there was no basis for UNDT to conclude that ¡°no proper consideration was given to [Mr. Wilson¡¯s] individual circumstances and attributes that may have warranted a legitimate exception in this case. ¡± UNAT found that there was sufficient basis set out...

UNAT preliminarily denied the request for an oral hearing. UNAT considered the appeal, specifically whether the Appellant had a legitimate expectation for the renewal of his fixed-term contract and rights related to the renewal of his fixed-term contract. UNAT noted that in the absence of any evidence of a firm commitment of renewal, there was no basis to support the Appellant¡¯s claim of legitimate expectation and/or right for the renewal of his contract. UNAT further held that it was clear from the evidence that the Administration was involved in the process of revising the activities in Iraq...

UNAT preliminarily denied the request for an oral argument and then considered the merits of the appeal. UNAT found that the requirements of Article 2(1) of the UNAT Statute were not fulfilled in the Appellant¡¯s case as UNDT did not commit an error of fact, resulting in a manifestly unreasonable decision. UNAT noted that the evidence showed that the Administration was involved in a process of revision of activities in Iraq, rationalizing of staff, realignment of functions, and reduction of budget. These administrative activities led to the redeployment of the post encumbered by the Appellant...

UNAT considered the appeal on several issues, being the first one whether UNDT erred in law in determining that the Appellant¡¯s challenge to the separation decision was time-barred. UNAT found that the Appellant did not file an application within the 90-day calendar period established in Article 8. 1(d)(i)(b) of the UNDT Statute. With respect to the issue of whether there is a contradiction between Neault (judgment No. 2013-UNAT-345) and Gallo (judgment No. 2015-UNAT-552), UNAT held that there is no discrepancy between Neault and Gallo. UNAT noted that the ratio of both judgments is that where...

UNAT considered the appeals of both the Secretary-General and Mancussen et al. UNAT upheld UNDT¡¯s determination that the Assistant Secretary-General for Office of Human Resources Management did not give meaningful individual consideration to the staff members¡¯ requests for conversion to permanent appointments and noted that UNAT gave a clear directive to the Administration that, upon remand, it should consider the staff members¡¯ suitability for conversion to permanent appointments ¡°by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert...