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 considered an appeal by the Secretary-General. UNAT held that UNDT erred in reopening a matter that had already been the subject of a final judgment of UNAT. UNAT considered that UNDT exceeded its competence and erred in law by making its own determination of Mr Sarwar’s harassment complaint, emphasising that the role of the Tribunal is not to substitute its own decision for that of the Administration. UNAT held that UNDT erred when it rescinded the contested decision to close the matter underlying the Appellant’s formal complaint, and when it ruled that there was no need for a new...
The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by UNDT for moral damages. The Appellant also contested the failure UNDT’s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the UNDT Statute. UNAT decided that Article 10(5)(a) of the UNDT Statute, which corresponds to Article 9 (1)(a) of the UNAT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member’s contract in a non-renewal case. UNAT, therefore, held that the Appellant’s...
UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General’s submissions were valid in most aspects. UNAT held that the award of 21 months’ compensation was excessive as it was not reasonable to assume that Ms Belkhabbaz’s fixed-term appointment would have been extended for longer than one year, finding that an award of 12 months’ remuneration would be adequate compensation. UNAT held that UNDT exceeded its competence and erred in law by awarding pecuniary damages relating to Applicant’s placement on sick leave with half pay. UNAT held that UNDT erred by awarding...
UNAT held that UNDT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). UNAT upheld the appeal, vacated and modified the UNDT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant’s application for mobility allowance.
UNAT noted that under the provisions of Staff Rule 1. 2(b), staff members must comply with local laws and honour their private legal obligations, including, but not limited to, the obligation to honour orders of competent courts. However, the ST/SGB/1999/4 legal framework has to be interpreted within the context of the authorizing Staff Rule 3. 18(c)(iii), which grants the Administration discretionary authority, as is reflected in the use of the word “may” in it, to make a proper and fair decision, in cases of indebtedness to third parties, under the proviso that a deduction for this purpose...
UNAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. UNAT held that accounting for factors such as UNAMID’s scorecard with respect to gender targets and the selected candidate’s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General’s discretion to do so. UNAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. UNAT held that the Appellant was unable to show through clear and...
Having decided that an oral hearing would not “assist in the expeditious and fair disposal of the case,” as required by Article 18(1) of the RoP, UNAT denied the Applicants’ request for one. UNAT also decided that the Appellants could not introduce additional evidence since that evidence had not been presented before UNRWA DT and no application had been made to UNAT to be allowed to submit that evidence on appeal. UNAT noted that an appeal is not receivable where an Applicant bypassed the jurisdiction of the first instance Judge, by directly lodging an appeal with the Appeals Tribunal against...
UNAT considered whether UNRWA DT erred in finding that the Agency correctly decided not to transfer the Appellant to the post in question. UNAT held that the issue of whether the Agency has an obligation to contact all staff members who made a transfer request is not receivable because it was not raised before UNRWA DT. UNAT held that the Appellant’s complaint required factual findings in order to ascertain whether the claim was meritorious, and UNRWA DT did not make such findings. UNAT upheld the appeal, vacated UNRWA/DT/2018/026, and remanded the issue of whether the Administration fulfilled...
