51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, UNAT held that UNDT erred in receiving the application in respect of a service contract. UNAT held that UNDT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms...

UNAT held, in agreement with UNDT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the UN Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...

UNAT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. UNAT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. UNAT dismissed the appeal.

UNAT held that UNDT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. UNAT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before UNAT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. UNAT ordered rescission of the contested decision to summarily dismiss the staff...

UNAT considered a (second) appeal by the Appellant. Taking into account that neither UNDT nor UNAT had been presented with any submission on the merits of the case, UNAT ordered the Appellant to file a concise statement identifying the precise nature of his claim within 15 days. UNAT allowed the appeal and set aside the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. UNAT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. UNAT...

UNAT held that the Appellant was unable to show any illegality of fact, procedure or law in the UNDT judgment which might have compelled it to decide in his favour. UNAT held that to report to work on time, regularly, and without break is a basic duty of anyone who is employed. UNAT held that the Appellant was given a fair hearing before UNDT and the reasons for UNDT dismissing his appeal were valid. UNAT held that the decision not to renew the Appellant¡¯s contract was validly taken and called for no interference. UNAT rejected the appeal.

UNAT affirmed the UNDT award of compensation for loss of earnings for seven months from the date of the staff member¡¯s separation from service to the date of the UNDT judgment (as an alternative to the order for reinstatement of the staff member) plus an additional amount of two years¡¯ net base salary. The Secretary-General maintained that, while the total of these amounts exceeded the compensation limit of two years¡¯ net base salary, UNDT did not particularize any reasons to justify an increased award under Article 10.5(b) of the UNDT Statute. UNAT held that Article 10.5(b) does not require a...

UNAT held that UNDT adequately applied the appropriate principles set out in the former UN Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. UNAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division¡¯s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, UNAT agreed with UNDT that it would have been...

UNAT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. UNAT held that UNDT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-UNAT-036)). UNAT held that UNDT erred in law in applying the decision in Rosca (UNDT/2009/052), which was disproved by UNAT in Costa, but that the error did not affect the outcome...