51ÁÔÆæ

UNAT denied both applications. Regarding the application for interpretation, the Tribunal held that the Majority Judgment was clear and unambiguous in its meaning, leaving no confusion or reasonable doubt about its conclusions or reasons. The Tribunal found that it was a disguised way by the staff member to criticize or disagree with the Judgment. Regarding the application for revision, UNAT explained that the staff member did not identify a decisive fact that was unknown at the time of the Judgment. Instead, the staff member referred to events that occurred subsequent to the Judgment. As such...

UNAT held that UNDT correctly concluded that Mr Russo-Got¡¯s application against the abolition of his post was not receivable, as he had failed to make a request for management evaluation within time. UNAT held that UNDT also correctly dismissed his application against the non-renewal of his FTA because he had received notice of the date of the non-renewal, there was no express promise to renew, and UNOPS was not obliged to find him an alternative post.

UNDT correctly found that Ms Mokrova¡¯s application was not receivable ratione materiae because she filed a request for management evaluation beyond the 60 days of the notification of the contested decision by the Under-Secretary-General for DSS.

UNAT was not able to detect any errors in the UNDT Judgment, which is in accord with the consistent jurisprudence of UNAT.

UNAT considered an application for revision of Judgment No. 2020-UNAT-1008. UNAT considered Ms. Fosse¡¯s claim that SCBD/UNEP is an organisational unit within the Secretariat, and as such, UNAT purportedly erred when it deemed her transfer to that unit in effect caused her to relinquish her lien on the Chief of OSS post, which is located within the Secretariat. However, the Tribunal reasoned Ms. Fosse¡¯s application was inter alia rejected by the UNDT because she had not submitted her claim for constructive dismissal for management evaluation. Therefore, in the absence of this jurisdictional...

UNAT held that UNDT¡¯s interpretation of the totality of the evidence on the record was reasonable. UNAT held that UNDT had correctly found that Mr Russo-Got was Candidate A for the P-3 test and Candidate F for the P-4 test and that UNOPS had submitted contemporaneous documentation showing that he was not recommended because he had failed the written assessment for the two tests. UNAT held that UNDT properly reviewed the contested decisions in accordance with the applicable law.

The evidence of procedural errors and irregularities supported the Dispute Tribunal¡¯s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by UNDT and by which UNDT assessed Mr.; Russo-Got¡¯s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by UNDT, UNAT defers to its discretion in awarding and quantifying the pecuniary damages.

UNAT held that the UN-ISA Special Agreement and the resulting ISA Staff Rules do not comply with the UNAT Statute and, consequently, UNAT is unable to exercise its jurisdiction as a second-level tribunal. The jurisdictional power of UNAT, ratione personae, and ratione materiae cannot be established or extended unilaterally by the litigating parties through a procedural contract, expressly or tacitly agreed.

The Secretary-General appealed arguing that the Organization had no obligation to make all reasonable efforts to place the staff member in available suitable posts, as he only had an FTA and that such obligation was meant only for those who had continuing or permanent appointments. UNAT disagreed and found that staff members should be ¡°retained¡± in an order of priority favouring, first, those with continuing appointments; second, holders of FTAs of more than two years¡¯ duration who were recruited competitively; and third and finally, other FTA holders. In the instant case, UNAT found because...

UNAT held that UNDT correctly found that the non-extension of Mr Houenou¡¯s temporary appointment was a proper exercise of discretion in light of the mission¡¯s budgetary situation.