51ÁÔÆæ

As preliminary matters, UNAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by UNAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...

The Applicant filed a second application for interpretation of judgment No. 2017-UNAT-774 and an application for execution of judgment No. 2018-UNAT-827. Subsequently, the Applicant requested leave to withdraw these two applications. UNAT granted leave to withdraw the applications and directed the Registrar to close the cases.

On the Appellant¡¯s complaint that the non-selection decision was tainted by procedural irregularity and bias, UNAT noted that the presence of two directors from the Education Department on the interview panel did not offend UNRWA¡¯s regulatory framework. UNAT held that it was possible to infer reasonably from the interview panel¡¯s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. UNAT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...

UNAT held that the Appellant simply put forward several general complaints related to the alleged merits of her case but did not argue that the judgment was defective or that UNRWA DT committed an error in deciding that her application was not receivable. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. UNAT held that UNDT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. UNAT held that UNDT contradicted UNAT¡¯s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...

On the question of the non-renewal of appointment, UNAT held that UNDT correctly concluded that (1) the Appellant¡¯s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant¡¯s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the ¡°decision¡± of the Administration to place adverse material in the Appellant¡¯s official status file and to block him from being rehired, UNAT held there was no final, appealable...

On the matter of the deduction of 7,000 Euros paid to the Appellant¡¯s ex-wife from his final emoluments, UNAT agreed with the UNDT¡¯s finding that the Appellant¡¯s application was not receivable ratione materiae, although for different reasons than those given by UNDT. UNAT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. UNAT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final...

UNAT held that it was not satisfied that the essential elements were present to enable UNAT to exercise its jurisdiction within the meaning of Article 2(10) of the UNAT Statute in regard to the decision of IMO SAB. UNAT held that in this case, even if the SAB issued decision, it was nevertheless only advisory or recommendatory. UNAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer¡¯s representative and the original decision-maker. UNAT held that it was the Secretary-General of IMO, who was not a...

UNAT held that the case was fully and fairly considered by UNDT. UNAT found no error of law or fact in the UNDT decision. UNAT held that UNDT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. UNAT held that there was no error of fact resulting in a manifestly unreasonable decision. UNAT held that the UNDT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by UNAT. UNAT...

UNAT held that UNDT did not err that, in the circumstances of the complaints made and the importance of the Appellant¡¯s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. UNAT held that UNDT ought not to have relied upon Morsy (judgment No. 2013-UNAT-298), Assale (judgment No. 2015-UNAT-534), and Sarwar (judgment No. 2017-UNAT-757) as it did. UNAT noted that in the Appellant¡¯s case, not only was there a performance-related justification required to be established but no proper...