51ÁÔÆæ

UNAT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. UNAT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held that the Appellant had failed in his grounds of appeal...

UNAT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. UNAT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held...

UNAT considered the appeal by the Secretary-General challenging the amount of the award of compensation for moral damages. UNAT held that the award of moral damages was supported by the evidence before UNDT and that the amount was not excessive based on that evidence. UNAT rejected the Secretary-General¡¯s argument that the award in the present case should be compared with awards in similar non-renewal cases. UNAT held that UNDT had not committed any error in its assessment of the award of moral damages and that the Secretary-General had not established any ground which would justify UNAT¡¯s...

UNAT considered the appeal by the Secretary-General. UNAT rejected the Secretary-General¡¯s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before UNDT. UNAT further rejected the staff member¡¯s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. UNAT held that UNDT had not erroneously substituted itself for the Administration. UNAT held that UNDT¡¯s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

UNAT rejected the request for anonymity finding that there were no exceptional circumstances that could warrant departing from the general principles and from the well-established jurisprudence. UNAT held that the theoretical fear of upcoming uncomfortable relationships between members of the staff did not have merit. UNAT rejected the Appellant¡¯s request to file a reply to the Respondent¡¯s answer finding no exceptional circumstances justifying an additional pleading. UNAT rejected the Appellant¡¯s second motion seeking leave to present additional ¡°information¡± which she claimed related to...

UNAT held that the Appellant did not address any error of fact or law in the UNDT judgment. UNAT held that the irregularities in the procedure did not amount to a breach of the Appellant¡¯s due process rights. UNAT held that it was irrelevant whether the Appellant filed his application before UNDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered the appeal from Thomas et al. UNAT found that UNDT had not addressed the Appellants¡¯ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants¡¯ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants¡¯ due...

UNAT found that UNDT had not addressed the Appellant¡¯s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellant¡¯s request for more time into an application. UNAT held that UNDT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant¡¯s due process rights. UNAT vacated the UNDT judgment and...

UNAT held that UNDT had not addressed the Appellants¡¯ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants¡¯ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants¡¯ due process rights. UNAT vacated the UNDT judgment and...

UNAT held that, since the Appellant had not made an application to the UNRWA Internal Justice Committee on the issue of the recusal and conflict of interest, it would not permit the issue to be raised for the first time on appeal. UNAT held that the Appellant had failed to establish in his appeal that it was unreasonable for UNRWA DT to conclude that there was no evidence of bias in the decision to abolish his post. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.