The Appeals Tribunal found that the UNDT correctly dismissed Mr. Salon’s application as not receivable on grounds that he had failed to establish that an appealable administrative decision had been taken by the Organization and that in any event, he had failed to request management evaluation.
The UNAT noted that when the staff member had moved to North Carolina, he had not enquired whether or not he was obligated to pay the income tax of that state. Nevertheless, the UNAT concluded that the Secretary-General had erred in applying a one-year time limit to his request for reimbursement of his North Carolina state income tax for 2015-2018.
The UNAT considered the language of the relevant Staff Regulations and Staff Rules, interpretative doctrines, the legal regime of staff assessment, the hierarchy of the relevant norms and the apparent intent of the General Assembly. The UNAT...
The Appeals Tribunal found, in relation to Mr. Qasem’s exclusion from consideration for the Acting Head position, that the UNRWA DT erred in finding Mr. Qasem’s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem’s application from consideration, this irregularity had no impact on the selection decision. Considering Mr. Qasem’s performance, administrative and...
The UNAT considered the central tenet of the staff member’s case, which was that he held the necessary academic qualifications for the role, but that the selected candidate did not. The UNAT concluded that the educational specifications in the job vacancy announcement were a minimum threshold, but not the determining factor in the selection. The UNAT held that both the staff member and the selected candidate met the threshold academic qualifications, even though they obtained them by different means. The UNAT rejected the claim that the ITLOS should not have taken into account that the...
The UNAT found no error in the UNDT’s reliance on the communication between the staff member and her attorney when it established that she had submitted false information in her claims for reimbursement for medical expenses. The UNAT noted that her attorney had voluntarily submitted the privileged document as an attachment to her application. The UNAT observed that she had not imposed any limitations or reservations on the UNDT’s use of the document and had referred to it on multiple occasions in the course of the proceedings. The UNAT agreed that she had waived her right to confidentiality...
The Appeals Tribunal found that the UNDT did not err in holding that the Hiring Manager had correctly assessed that the certificates the selected candidate had listed in her Personal History Profile (PHP) were equivalent to a Lean Six Sigma (LSS) Certification. One of the educational requirements for the position was the LSS certification or an “equivalent certification”. In the present case, the UNDT correctly concluded that the Hiring Manager had properly assessed that the certificates the selected candidate had listed in her PHP were equivalent to an LSS certification, as required for...
The UNAT noted that the staff member’s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the UNAT found that the UNDT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent’s fees.
The UNAT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...
The UNAT held that the staff member had had ample opportunity to comment on her lateral transfer. The UNAT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.
The UNAT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member’s competence, skills, and experience. The UNAT found...
The UNAT held that, Mr. Lago’s reliance on additional evidence without filing a motion, was inadmissible.
The UNAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored. Additionally, Mr. Lago’s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision.
The UNAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...
The UNAT found that the UNDT had appropriately dismissed Ms. Yu’s application as not receivable ratione temporis. The UNAT emphasized that because Ms. Yu’s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the UNDT is located, and therefore, Ms. Yu missed the deadline by one day.
The UNAT rejected the new arguments and evidence related to the mediation process submitted to the UNAT for the first time. Even if these were considered, the UNAT concluded that the mediation did not pertain to the contested decision and therefore did not...
