51ÁÔÆæ

UNAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant¡¯s request for an oral hearing. UNAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before UNDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman¡¯s Office is not sufficient in this regard. UNAT held that UNDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...

nglUNAT held that UNRWA DT did not err in law or fact in finding that the facts on which the disciplinary measure was based had been established. UNAT agreed with UNRWA DT that the preponderance of the evidence showed that the Appellant hit a student forcefully on the back during the 25 October 2016 distribution of school bags. UNAT held that UNRWA DT did not err in relying on the testimony of the Donor Relations Officer (DRO), which is of high value. UNAT noted that he was a neutral witness without any personal interest in the matter and he did not know the Appellant before. UNAT held that...

UNAT noted that the deceased staff member, Mr Pise, could have been under no illusion when he signed the payment instruction forms that he had opted to receive, in addition to a deferred pension, his own contributions plus interest as an immediate withdrawal benefit rather than a prospective survivor¡¯s benefit. UNAT noted that he was informed of that interpretation twice subsequent to his separation and did not challenge those determinations. UNAT held that there was no doubt that Mr Pise received the benefits payable to him in terms of the Fund¡¯s Regulations and there was no basis thereunder...

UNAT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, UNAT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, UNAT held that there was no need to order execution, namely the Appellant¡¯s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission...

UNAT remanded the case to UNDT. UNAT held that the JAB process did not constitute a neutral first instance process that includes a decision, and therefore was not appealable to UNAT. UNAT held that the Secretary-General of WMO, who issued the contested decision, could not be regarded as a neutral body as he is a party. UNAT remanded the case to UNDT, which constituted the neutral first instance process for WMO.

UNAT agreed with UNDT that the Appellant¡¯s claim of constructive dismissal was not receivable. UNAT held that it was well within UNDT¡¯s jurisdiction and that UNDT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant¡¯s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, UNAT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...

UNAT considered an application for revision of judgment No. 2019-UNAT-914 from Mr Oglesby. UNAT held that Mr Oglesby failed to establish the required grounds for a revision of judgment, namely the discovery of a decisive fact that was, at the time the judgment was rendered, unknown to UNAT and the party applying for revision. UNAT noted that it had concluded in the impugned judgment that it was unable to apply the UN Charter or the UDHR directly, or strike down clear UNJSPF Regulations. UNAT opined that it was within the combined powers of the UNJSPF, the Secretary-General and the General...

UNAT considered an appeal of UNDT Order No. 087 by Ms Barud. UNAT dismissed her motion to admit additional documents related to the substantive issue of justification for the non-renewal of her contract, due to their lack of relevance to the matter for decision by UNAT on her application for a suspension of action. UNAT noted that there was no reason why these documents could not be used by Ms Barud for the substantive matter, which was, at that time, before UNDT. UNAT held that the appeal failed on the grounds that Ms Barud did not apply for a suspension within the statutory time limit. In...

UNAT considered an application by UNJSPB for interpretation of judgment No. 2019-UNAT-912 related to the calculation and payment of interest. UNAT held that there was nothing unclear or ambiguous about the terms of the order and that the application for interpretation was inadmissible on those grounds alone. UNAT opined that, in actuality, the UNJSPB sought to appeal the judgment on the grounds that UNAT erred in making an award of interest, which UNJSPB believed was inconsistent with its Regulations. Noting that judgments of UNAT are final and without appeal, UNAT held that this attempt to...

The Appellant challenged UNRWA DT¡¯s finding that his application was not receivable ratione materiae. UNAT held that the appeal was not receivable ratione materiae as he did not make a timely request for management evaluation. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.