51ÁÔÆæ

As to the appeal of Order No. 46 (GVA/2025) dismissing Mr. Turcanu¡¯s motion seeking the suspension of the contested decision pending judicial review of his substantive application, the Appeals Tribunal recalled that pursuant to Article 10(2) of the UNDT Statute and Article 14 of the UNDT Rules, the UNDT may not suspend the implementation of a contested decision in cases of appointment, promotion or termination. It also recalled that a decision not to renew an appointment was a matter concerned with the ¡°appointment¡± of a staff member. The Appeals Tribunal concluded that under the terms of...

The Appeals Tribunal held that the UNDT correctly found that the decision to recover a portion of Mr. Kulga¡¯s Home Leave lump sum was lawful.

As to the costs awarded against Mr. Kulga, the Appeals Tribunal found that the UNDT erred in finding Mr. Kulga¡¯s application to be frivolous as it was not unreasonable for Mr. Kulga to consider that a further challenge to the UNDT could assist him, especially after his management evaluation challenge had been partially successful. In addition, the UNDT¡¯s finding that Mr. Kulga repeatedly lied to the Administration over six months in seeking to obtain...

The former staff member was placed on Administrative Leave Without Pay (ALWOP) pending the conclusion of an investigation into him for misconduct. At the time that the decision-maker considered extending the ALWOP period, only a Draft Office of Internal Oversight Services (OIOS) Report was available.

The UNAT held that the UNDT erroneously and definitively substituted its own determination of the facts for that of the Administration. It erroneously admitted after-the-fact independent forensic reports as relevant to the reliability of the evidence cited by OIOS, when these reports were not...

On 19 May 2024, the staff member returned to his duty station from Rest and Recuperation (R&R). The period of qualifying service for the R&R entitlement was 28 days and he was eligible for another R&R from 16 June 2024. He left the duty station on 13 June 2024. He requested R&R for 23-27 June 2024.

The UNAT noted that the staff member had left the duty station with the expectation that the following days of 14-22 June 2024, which constituted a combination of non-working days, United Nations Official holidays, and annual leave, would not interrupt or suspend, but contribute to his qualifying...

The staff member submitted a claim for compensation for an injury attributable to the performance of official duties. The Advisory Board on Compensation Claims found her claim time-barred. She requested the Advisory Board to reconsider her claim and attached a new claim form, which stated a new date of the injury. She subsequently filed many claims and requests for reviews of alleged decisions and ¡°non decisions¡± concerning the processing of her claim.

The UNAT noted that it had rendered its prior Judgment in which it held that the staff member¡¯s application challenging alleged decisions and...

The staff member, who was serving in Khartoum, was evacuated when civil war erupted in Sudan. He submitted a claim for compensation for loss of personal effects attributable to service.

The UNAT held that by denying the staff member¡¯s request for referral to mediation the UNDT had lawfully exercised its case management discretion and had not committed an error of procedure.

The UNAT found that the UNDT had not erred when it identified the staff member¡¯s argument as a challenge to the policy of the Organization but had erred when it held that it did not have jurisdiction to incidentally examine...

The staff member, who served as an Associate Human Rights Officer at the P-2 level, applied for the Human Rights Officer post at the P-4 level. The hiring manager conducted a desk review of the job applications and, as a result, decided not to shortlist the staff member. Accordingly, his candidacy did not proceed in the selection process.

The UNAT noted that the UNDT had found it impossible to determine whether the document produced by the Secretary-General, reflecting the Administration¡¯s assessment of the staff member¡¯s skills, experience and suitability, constituted a ¡°contemporaneous...

The staff member, who was serving in Khartoum, was evacuated when civil war erupted in Sudan. She submitted a claim for compensation for loss of personal effects attributable to service.

The UNAT held that the UNDT had not erred, such as to affect the decision of the case, when it rejected the parties¡¯ joint motion to refer their case to mediation.

The UNAT found that the UNDT had not erred when it identified the staff member¡¯s argument as a challenge to the policy of the Organization but had erred when it held that it did not have jurisdiction to incidentally examine the consistency of...

The UNAT noted that in its prior Judgment the UNAT had found that the staff member knew or reasonably should have known of the contested decisions from the date he was notified by email of the reclassification of his post, or at the very latest on the date the initial job opening was advertised on Inspira.

The UNAT held that the alleged new fact that the vacancy for the post was filled 13 months after the staff member left the Organization would not have materially impacted the outcome of its prior Judgment. The UNAT accordingly found the application for revision not receivable ratione...

The UNAT found that the UNDT did not err in finding that Ms. Johnson-Simmons¡¯s claim to compensation for unpaid taxes not receivable, as not only did Ms. Johnson-Simmons fail to identify the contested administrative decision regarding reimbursement for income tax payments, but she also admitted that she did not submit the matter for management evaluation, and there was no indication that she had paid any taxes.

The UNAT found that Ms. Johnson-Simmons knowingly and intentionally concealed relevant information about her changed residency status from the Organization, and she also willfully...