51ÁÔÆæ

UNAT rejected the request for an oral hearing finding that there was no need for further evidence. UNAT held that UNDT had erred in law and procedure when it did not consider the Appellant¡¯s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. UNAT held that it was impossible for the Appellant¡¯s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. UNAT held that the case was similar to the related case disposed...

UNAT rejected the request for an oral hearing finding no need for further clarification of the issues. UNAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. UNAT agreed with UNRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. UNAT held that UNRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. UNAT dismissed the appeal and affirmed the

UNAT held that UNRWA DT had correctly determined that the Appellant had failed 51ÁÔÆæ the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. UNAT held that the Appellant had never sought review of the decision to separate him from service, failing 51ÁÔÆæ Article 8.1(c) of the UNRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. UNAT affirmed UNRWA DT¡¯s finding...

UNAT held that the requirements for UNAT jurisdiction were fulfilled. UNAT held that the appeal to AJAB was time-barred and also, as the Appellant failed to request administrative review under ICAO Staff Rule 111. 1(5), the appeal to AJAB was not receivable ratione materiae. UNAT held that a later request by the Appellant was not relevant to the question of receivability because although the later request was phrased differently, it was based on the same factual and substantive situation that had already been assessed under her previous, unsuccessful request for review of her post description...

UNAT held that the UNDT properly dismissed the Appellant¡¯s claims in relation to the non-renewal of his appointment and his reassignment as not receivable as they were time-barred. On the cancellation of his administrative leave, UNAT held that UNDT correctly found that there was no adverse decision affecting his conditions of employment. UNAT held that the decision to terminate the administrative leave and not to pursue disciplinary action was not an administrative decision in that it did not have any adverse legal consequences or impact for the Appellant. UNAT held that the decision to...

UNAT considered an application for revision of judgment No. 2017-UNAT-737 filed by Ms Likukela. As a preliminary matter, UNAT denied her motion to supply additional filings. UNAT held that Ms Likukela presented no new and/or decisive fact which at the time the judgment was rendered was unknown within the meaning of Article 11(1) of the UNAT Statute. UNAT dismissed the application for revision and affirmed the UNAT judgment.

UNAT held that there was no basis for receiving the Appellant¡¯s motion for additional pleadings (such as exceptional circumstances), that the motion raised no new or compelling arguments and, accordingly, dismissed the motion. UNAT held that UNDT correctly concluded that the application was time-barred and not receivable as a result of the Appellant¡¯s failure to file his application within the established time limits. UNAT noted that the Appellant had been provided two opportunities to make his case before UNDT and on both occasions, he failed to provide the information. UNAT held that failing...

UNAT considered the appeal of the Secretary-General. UNAT held that the paragraphs of the UNDT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. UNAT held that UNDT erred in law in holding that the application for interpretation was receivable. UNAT held that UNDT should have dealt with the claim for interest in its judgment, but it omitted to do so. UNAT held that UNDT exceeded its competence by wrongly applying Article 12(3) of the UNDT Statute to alter the substance of its final ruling by...

UNAT rejected the Appellant¡¯s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by UNDT (by audio conference) as verified by UNAT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist UNAT with the expeditious and fair disposal of the case. On the Appellant¡¯s motion for additional hearings, UNAT held that the documents contained arguments already submitted, although phrased differently, and no...

On the decision to postpone the separation on medical grounds, UNAT noted that a staff member had a right to be compensated for a service-incurred injury. UNAT found that UNRWA DT erred in law in determining the decision to postpone the Appellant¡¯s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), UNAT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, UNRWA DT...