51ÁÔÆæ

UNAT considered an appeal by Ms. Modey-Ebi. UNAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. UNAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

UNAT held that the Appellant did not meet the burden of showing that the UNDT Judgment was defective on the grounds outlined in Article 2(1) of the UNAT Statute. UNAT held that UNDT fully and fairly considered the Appellant¡¯s allegations and there was no error of law or fact in the UNDT Judgment. UNAT held that there was no evidence that the Appellant¡¯s gender or status of being on maternity leave factored into the decision not to renew her contract. UNAT held that the reasons proffered by the Administration for not renewing the Appellant¡¯s fixed-term appointment, namely the lack of funding...

UNAT first agreed with the UNDT that the abolition of post was not a reviewable administrative decision. Second, UNAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member¡¯s appointment. The staff member¡¯s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a ¡°dry cut.¡± A ¡°dry cut¡± happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

UNAT considered an appeal by Mr. Ramsaroop, an appeal by the Secrteary-General and a cross-appeal by Miksch et al. While UNAT found that it was reasonable for the UNDT to hold that Miksch et al had a significant chance of selection for the posts, it held that the UNDT erred by assessing the lost opportunity for Mr. Miyashiro, Mr. Miksch, Mr. Ramsaroop and Mr. Mazioui as enduring until their retirement from the Organization, and compensating accordingly with a cap of two years¡¯ net base salary. UNAT noted that these applicants had a further opportunity for promotion in the second selection...

UNAT considered an appeal by Mr. Rugerinyange. UNAT noted that Mr. Rugerinyange sought to challenge an administrative decision directly affecting the terms of his new contract as an individual contractor. Therefore, even if the administrative decision of placing him on administrative leave with pay referred to facts which had occurred while he was still a staff member, as he claimed, it affected the new contract and his new capacity as an independent contractor. As such, he had no legal standing before the UNDT. Accordingly, UNAT dismissed the appeal and affirmed the UNDT Order.

UNAT held UNDT erred in law with regard to its finding that the second decision to renew the Appellant¡¯s fixed-term appointment superseded the first decision to renew his appointment (the challenged decision). Nevertheless, UNAT held that this finding was not dispositive of the appeal in the Appellant¡¯s favour, as his application was not receivable on the grounds of another basis of mootness. UNAT held that the contested decision to renew his fixed-term appointment by three months instead of two years did not constitute an appealable administrative decision for the simple reason that the...

Starting with the presumption that official acts are regularly performed, UNAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. UNAT also agreed with the UNDT that the staff member can only challenge a specific administrative decision, and...

UNAT disagreed and distinguished the case at hand with the two cases cited by the UNDT. UNAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, UNAT concluded that the misconduct...

Noting that the Appellant passed away during the course of the litigation and before the hearing of the appeal before UNAT, UNAT held that the claim, namely her challenge to the Administration¡¯s refusal to move her back to her previous position, did not pass to her legal successor(s) in interest, no action is allowed to be commenced by her personal representative or successor in interest and that, under the specific circumstances of the case and due to the nature of the dispute, the issue in dispute was moot. Notwithstanding the mootness of the issue in dispute, UNAT held that the UNDT¡¯s...

UNAT considered an appeal by Mr. Postica. UNAT found no errors in the UNDT Judgment and dismissed the appeal.