51ÁÔÆæ

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms Civic limited to the extent to which UNDT dismissed her claim of compensation for pecuniary damage (loss of opportunity). On loss of opportunity, UNAT held that UNDT did not err when it found that the irregularity of cancelling the Appellant¡¯s performance appraisal and the failure to promptly issue another one did not suffice to demonstrate a significant chance or realistic prospect of her retaining another position within the Organisation. UNAT held that the irregularity was inconsequential for the purposes of the...

On the Applicant¡¯s claim that UNDT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, UNAT held that UNDT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. UNAT held that UNDT¡¯s conclusions were consistent with the evidence. UNAT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. UNAT dismissed the appeal and affirmed the...

UNAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before UNDT for its consideration, UNAT should not consider them. UNAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. UNAT held that UNDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant¡¯s fixed-term appointment. UNAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

UNAT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant¡¯s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. UNAT held that UNDT did not make any errors of law or fact in dismissing the Appellant¡¯s challenge of the decision not to consider or select him for the position. UNAT dismissed the appeal and affirmed the...

UNAT considered an appeal by Mr Nadeau of Order No. 184 and his request that both Order Nos. 184 and 169 be rescinded. UNAT held that he did not demonstrate that UNDT had clearly exceeded its jurisdiction or competence in rejecting his request for new documents to be introduced into evidence. UNAT noted that the issue could be raised on appeal against the final judgment on the merits. UNAT is competent to review whether certain facts remained unresolved at the UNDT level and to consider the need for factual determinations based on the whole of the relevant evidence. UNAT dismissed the appeal.

UNAT considered an application for revision of judgment No. 2019-UNAT-948 by Ms Bezziccheri. UNAT considered Ms Bezziccheri¡¯s claim that ST/AI/2019/1 was unknown to her and UNAT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of UNAT can be revised, UNAT held that the fact that ST/AI/2019/1 was known to UNAT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, UNAT noted that ST/AI/2019/1 was not determinative of Ms...

UNAT held that UNDT¡¯s language, which was strongly critical of the Appellant, was unwarranted. UNAT held that UNDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration¡¯s discretion, as the Appellant no longer met the requirements for it. UNAT held that the discontinuation of the SPA was justified in view of the Administration¡¯s obligation and right to correct such an erroneous situation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. UNAT held that UNRWA DT erred in declining the Appellant¡¯s implicit request for a hearing in person, at least without having considered it and given reasons. UNAT held that the termination of the Appellant¡¯s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. UNAT held that any opportunity of the Appellant¡¯s appointment to that vacancy had therefore passed, irrespective of her...

UNAT considered an application for revision of judgment No. 2019-UNAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by UNAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required UNAT to revise its judgment. UNAT held that neither the remand order of UNAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

UNAT considered an appeal of judgment No. UNRWA/DT/2019/070 by the Commissioner-General of UNRWA. UNAT held that UNRWA DT did not commit any error when it concluded that UNRWA had failed to consider the Applicant¡¯s personal and humanitarian reasons in the impugned decision. UNAT held that UNRWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General¡¯s discretion. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.