51ÁÔÆæ

UNAT held that the matter under investigation was closed and the Appellant had not presented any cogent argument to show that there were exceptional circumstances that might otherwise have entitled him to the investigation report. UNAT held that the Appellant was not entitled to receive a detailed copy of the investigation report. UNAT held that there was no evidence to support the argument that UNDT erred on questions of law and fact. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that the UNDT¡¯s legal conclusion that the application was timely was erroneous. UNAT held that the application was not timely and not receivable ratione temporis. UNAT held that UNDT exceeded its competence or jurisdiction in receiving the application and addressing its merits. UNAT granted the appeal and vacated the UNDT judgment.

On the Appellant¡¯s argument that his non-renewal was a disguised disciplinary measure and that thus, management evaluation was not required, UNAT held that the argument had no merit and that the Appellant could not evade the statutory obligation of management evaluation by characterising the dispute decision as a disciplinary matter. UNAT held that UNDT properly considered the facts and the applicable statutory law and jurisprudence in arriving at its decision that the Appellant¡¯s application was not receivable. UNAT held that, having failed to demonstrate that UNDT committed any error of law...

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to reverse the finding of UNDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. UNAT affirmed the UNDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. UNAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

UNAT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. UNAT held that ST/AI/2003/8 was inapplicable. UNAT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. UNAT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. UNAT held that the impugned decision complied with the legal...

UNAT considered an appeal by the Secretary-General. UNAT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. UNAT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. UNAT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of UNDT, was more proper for consideration once a final judgment has been rendered by UNDT...

UNAT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. UNAT held that UNDT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke¡¯s rights. UNAT held that no illegality occurred and that the appointment was entirely within the Administration¡¯s discretion, which was not abusive. UNAT allowed the Secretary-General¡¯s appeal, vacated the UNDT judgment and dismissed Mr Nwuke¡¯s cross-appeal.

UNAT considered two appeals by the Secretary-General against three judgments (judgment Nos. UNDT/2013/028, UNDT/2013/029 and UNDT/2013/076). UNAT held that, generally speaking, appeals against a decision to initiate an investigation are not receivable as such a decision is preliminary in nature and does not, at that stage, affect the legal rights of the staff member. UNAT held that initiating an investigation is merely a step in the investigative process and it is not an administrative decision that UNDT is competent to review. UNAT held that UNDT erred on a question of law and exceeded its...

UNAT considered an appeal by the Secretary-General. UNAT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. UNAT held that it was a reasonable exercise of the Administration¡¯s broad discretion in disciplinary matters, with which it would not lightly interfere. UNAT held that UNDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. UNAT vacated the UNDT judgment.

UNAT considered appeals by both the Secretary-General and Mr Bastet. UNAT held that the disciplinary measure was regularly adopted by an individual properly vested with the delegated authority to make that decision and that therefore, the imposition of the disciplinary measure was valid and its rescission as ordered by UNDT had to be vacated. UNAT upheld the appeal from the Secretary-General, accepting the argument that Staff Rule 10. 1(c) expressly provided that the authority to impose disciplinary measures was vested in the Secretary-General or officials with delegated authority and did not...