51ÁÔÆæ

UNAT dismissed the Appellant¡¯s motion to file an additional pleading in the absence of any exceptional circumstances warranting it. UNAT held that the Appellant failed to seek leave from UNAT to introduce additional evidence and neither adduced evidence that exceptional circumstances warranted it nor that it would serve the interests of justice or the efficient and expeditious resolution of the appeal. On the issue of execution of the 2016 UNDT judgment, UNAT held that there was no evidence that any of the orders contained therein were not executed and therefore the application was not...

UNAT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. UNAT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. UNAT held that while the absence of a response to a staff member¡¯s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. UNAT held that in the...

UNAT held that UNJSPF¡¯s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by UNJSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to UNAT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, UNAT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. UNAT held that Ms. Larriera¡¯s request for review was receivable ratione materiae and that Ms. Larriera¡¯s appeal was...

UNAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant¡¯s request for an oral hearing. UNAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before UNDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman¡¯s Office is not sufficient in this regard. UNAT held that UNDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...

nglUNAT held that UNRWA DT did not err in law or fact in finding that the facts on which the disciplinary measure was based had been established. UNAT agreed with UNRWA DT that the preponderance of the evidence showed that the Appellant hit a student forcefully on the back during the 25 October 2016 distribution of school bags. UNAT held that UNRWA DT did not err in relying on the testimony of the Donor Relations Officer (DRO), which is of high value. UNAT noted that he was a neutral witness without any personal interest in the matter and he did not know the Appellant before. UNAT held that...

UNAT noted that the deceased staff member, Mr Pise, could have been under no illusion when he signed the payment instruction forms that he had opted to receive, in addition to a deferred pension, his own contributions plus interest as an immediate withdrawal benefit rather than a prospective survivor¡¯s benefit. UNAT noted that he was informed of that interpretation twice subsequent to his separation and did not challenge those determinations. UNAT held that there was no doubt that Mr Pise received the benefits payable to him in terms of the Fund¡¯s Regulations and there was no basis thereunder...

UNAT agreed with UNDT that the Appellant¡¯s claim of constructive dismissal was not receivable. UNAT held that it was well within UNDT¡¯s jurisdiction and that UNDT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant¡¯s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, UNAT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...

UNAT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, UNAT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, UNAT held that there was no need to order execution, namely the Appellant¡¯s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission...

UNAT remanded the case to UNDT. UNAT held that the JAB process did not constitute a neutral first instance process that includes a decision, and therefore was not appealable to UNAT. UNAT held that the Secretary-General of WMO, who issued the contested decision, could not be regarded as a neutral body as he is a party. UNAT remanded the case to UNDT, which constituted the neutral first instance process for WMO.

UNAT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the UNHCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, UNAT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...