51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that it was unable to detect any fault in the UNDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. UNAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. UNAT held that the application was...

UNAT held that the appeal was receivable on the basis that the Appellant was not challenging the new scheme for education grant introduced by the General Assembly, but rather the manner in which it was implemented in her specific case and the way in which the Secretary-General interpreted General Assembly Resolution 70/244. UNAT held that UNDT did not err in deciding that the Appellant did not have an acquired right to all of the previous education benefits she had enjoyed. On the question of the Appellant¡¯s access to a discretionary consideration of her claims on exceptional grounds, UNAT...

UNAT considered an appeal by Mr Hamdan and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Hamdan¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT was correct to reject Hamdan¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Garbo¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected the Appellant¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Ahmad¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT was correct to reject Mr Ahmad¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Gido¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected Mr Gido¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held that Mr...

UNAT held that all of the Appellant¡¯s grounds of appeal failed, except for his challenge to the UNRWA decision not to renew or extend the Appellant¡¯s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant¡¯s non-renewal or final extension, UNAT held that there was no error in UNRWA DT¡¯s reasoning and that UNRWA was justified in deciding not to renew or extend his employment, noting that UNRWA faced a massive financial shortfall...

UNAT held that the Applicant failed to discharge his evidentiary burden to establish that his application was filed timeously. UNAT held that the application was 8 days late and, as such, not receivable. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered that the 1994 and 2018 requests made by the Appellant to change his date of birth were essentially the same requests. UNAT recalled that the reiteration of an original administrative decision if repeatedly questioned, does not reset the clock with respect to the statutory timeline. UNAT held that the statutory period during which the Appellant had to file a challenge to the 1994 decision expired in 1997. UNAT held that UNRWA DT did not err in dismissing the application. On consideration of the Respondent¡¯s claim to award costs, UNAT was not satisfied that the pursuit of the...

UNAT held that UNDT was correct to find that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.