51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that no reasonable or objective analysis of Mr Luvai¡¯s submissions to management, prior to his application to UNDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by UNDT. UNAT held that UNDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai¡¯s firearm licence, UNDT exceeded its competence. UNAT held that UNDT...

UNAT addressed both appeals by the Secretary-General in judgment No. 2014-UNAT-418. UNAT held that UNDT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member¡¯s appointment. UNAT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. UNAT dismissed the appeals and affirmed...

UNAT preliminarily rejected the request for an oral hearing finding no need for further clarification of the issues arising from the appeal. UNAT held that UNDT had correctly concluded that the Appellant failed to identify an administrative decision, having a direct and adverse impact on his contractual rights, capable of being reviewed. UNAT held that the Appellant was not challenging a specific administrative but had asked UNDT to overturn a policy. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT noted that V01 had not been placed under oath before giving her interview and that she did not sign the transcribed version of her interview statement. UNAT held that V01¡¯s transcribed statement, in which she said that the Appellant had raped her and engaged in sex with her, was neither reliable nor trustworthy; it was solely hearsay and insufficient, by itself, to prove the charge that the Appellant engaged in sexual activity with a minor. UNAT held that similarly the other written documents were replete with hearsay and multiple hearsays and were neither trustworthy nor sufficient to...

UNAT held that there was no reason to interfere with UNDT¡¯s finding that the Appellant had not established the existence of a decision capable of giving UNDT jurisdiction to embark upon a consideration of his complaints. UNAT held that UNDT had correctly determined that the application was not receivable ratione materiae. UNAT held that UNDT should not have embarked on a consideration of substantive issues, such as staff consultations and discrimination arguments, but instead should have confined itself to the issue of receivability. UNAT dismissed the appeal with regard to the receivability...

UNAT held that UNDT had correctly concluded that the Appellant had failed to identify an administrative decision capable of being reviewed and to meet his statutory burden of proving non-compliance with the terms of his appointment or his contract of employment. UNAT dismissed the appeal and affirmed the UNDT judgment.

On the issue of receivability, UNAT held that there was no merit to the Appellant¡¯s claim that UNRWA DT had exceeded its competence or jurisdiction in summarily addressing sua sponte the issue of the receivability of the application when the Commissioner-General did not raise that issue in his reply. UNAT held that the Appellant¡¯s request for review of the contested decision was filed almost a year after he knew of the implied decision and was, therefore, untimely. UNAT rejected the Appellant¡¯s contentions against the participation of the Commissioner-General in the proceedings and to file a...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT¡¯s conclusion, that the assault committed was not misconduct and that the Organisation¡¯s jurisdictional competence did not extend to the physical assault of a non-UN staff member even where the assault is perpetrated by a staff member, was based on reasoning which was unsupported by law or the facts. UNAT held that, not only the issue had not been raised in the case presented to UNDT, but such a proposition had also no foundation in the staff regulations, staff rules, administrative instructions, or jurisprudence. UNAT held...

UNAT found no merit to the Appellant¡¯s claims that UNDT had failed to make findings on the specific category of misconduct and that she did not receive notice of the specific charge of theft prior to receiving a disciplinary sanction. UNAT held that disciplinary cases were not criminal and that there was no need to give notice of a specific charge of theft because the charge against the Appellant was taking, without authorisation, a staff member¡¯s property. UNAT noted that the Appellant did not dispute having taken a bicycle without the owner¡¯s permission, but that she claimed she did not...

UNAT considered an appeal by the Secretary-General. UNAT held that, since the incidents in question occurred before ST/SGB/2008/5 was promulgated, it was not applicable in this case. UNAT held that it was unnecessary for UNDT to apply ST/SGB/2008/5, which was clearly not in force at the time of the incidents. UNAT held that the error committed by UNDT had not resulted in a miscarriage of justice, finding that Mr Nogueira in any event merited a compensatory award for harassment. UNAT held that Mr Nogueira was entitled to an effective remedy for the violation of his legal right to a workplace...