UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and therefore UNAT adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.
UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and therefore UNAT adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.
UNAT held that the UNDT’s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, UNDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. UNAT...
UNAT held that UNDT was correct to reject the Applicant’s claim that she had been downgraded on the basis that: the reclassification/renumbering exercise had a legitimate organizational objective; it was not a classification within the meaning of ST/AI/1998/9; and when the Appellant had submitted her post to proper classification, she was graded at the G-6 level, which was equivalent to her previous grade. UNAT found no error in UNDT’s decision that the Appellant failed to show that the alignment of her post to conform with the GCS had any detrimental impact on her salary or pensionable...
UNAT vacated UNDT’s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, UNAT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...
UNAT held that UNRWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. UNAT upheld the UNRWA DT’s findings that the provisions in the GMIP were mandatory for the UNRWA, that the GMIP does not include a provision with respect to retroactivity, and that UNRWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. UNAT held that the GMIP could not apply outside of its scope of application. UNAT held that there was no evidence that UNRWA DT erred on the law or the facts, and that the Appellant’s...
As a preliminary matter, UNAT denied the Appellant’s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. UNAT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to UNDP. UNAT held that the recommendation by OAIS was not an administrative decision. UNAT held that UNDT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...
UNAT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier’s contention that the Secretary-General’s appeal is not receivable because the impugned judgment did not award him any damages and was mere “a moral victory”, UNAT held that success before UNDT depends on whether the staff member’s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to UNAT, as the unsuccessful party before UNDT, the...
UNAT held that the Appellants had raised neither factual differences nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al.). UNAT, therefore, adopted the reasoning from its prior judgment in paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.
UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and UNAT, therefore, adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.
