51ÁÔÆæ

UNAT held that there was no evidence before UNDT that the EOD date or the refusal to amend it had a direct impact or legal consequence on the Appellant¡¯s terms of appointment or contract and therefore, it was not an administrative decision. UNAT held that UNDT erred in finding the application was receivable based on the relevant administrative decision being the refusal to amend the EOD date. UNAT held that UNDT was correct in dismissing the application as beyond its temporal jurisdiction, as the Appellant¡¯s application to UNDT was filed more than three years after the impugned decision and...

UNAT considered the legality and rationality of the Administration¡¯s conclusion that it was not in its interests to retain the Appellant because he did not possess the relevant language skills. UNAT held that it was necessary for the Administration to take into consideration the interests, needs, and operational realities of the Organisation when determining the suitability of staff members for a permanent appointment. UNAT held that there was undoubtedly a rational basis for the denial of a permanent appointment for the Appellant. UNAT noted that irrespective of whether the Appellant was...

UNAT considered an appeal by the Secretary-General. The Secretary-General raised the argument, inter alia, that Ms Lamb¡¯s retroactive appointment was disrupted when she resigned and separated and, therefore, she had no contractual relationship with the Organisation obliging it to place her preferentially in vacant posts as someone holding a permanent appointment. UNAT held that UNDT concluded correctly that (1) Ms Lamb¡¯s employment ended in mid-2013 by her own initiative and (2) there was nothing in the documentation relating to Ms Lamb¡¯s resignation to support her assertion that it was...

As a preliminary matter, UNAT considered the Appellant¡¯s daughters applications for intervention which argued that they had been deprived of their right to education due to their mother¡¯s arbitrary separation from service, as their mother lost her only main source of income, including the education grant, and could not support their education. UNAT held that, pursuant to Article 3(1) of the UNDT Statute, the daughters did not fall within the categories of persons who had the standing to intervene, and denied the applications for intervention. On the merits, UNAT held that the Appellant failed...

UNAT held that UNDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. UNAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting a management evaluation. UNAT dismissed the appeals and affirmed the UNDT judgments.

UNAT held that UNDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. UNAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellant¡¯s application regarding the implied decision conveyed in a conversation with his colleague was, indeed, not receivable ratione materiae. However, UNAT held that a later letter of response from the Administration effectively re-set the clock for the Appellant to file his request for management evaluation. UNAT held that the express decision in the letter, containing the rejection of the Appellant¡¯s complaint and the reasons, therefore, was not a mere confirmation of the previous implied administrative decision, but a new, appealable decision. UNAT held that UNDT...

UNRWA DT did not exceed its competence when assessing whether the decision to convene a medical board was lawful. The decision to convene a Medical Board five months after the service-incurred-injury in order to examine his fitness for continued service was reasonable. UNRWA DT erred in deciding that the decision to convene a medical board less than five months after the Appellant¡¯s service-incurred injury was unlawful. UNRWA DT erred in law and exceeded its competence by challenging the authority of the Medical Board¡¯s conclusion without clear and convincing medical evidence, by placing...

UNAT rejected the Appellant¡¯s unsubstantiated allegations of bias and conflict of interest against the judge who signed the impugned judgment. UNAT considered that: (1) the Appellant did not provide any evidence of his suitability for conversion to a continuing appointment; (2) his appeal was based solely on the impossibility of the retroactive extension of his fixed-term appointments; and (3) he had been made aware that his fixed-term appointment would be extended pending the appropriate assessment of his performance under the rebuttal process. Accordingly, UNAT held that the UNDT was correct...

UNAT considered an appeal of Order No. 079. UNAT held that, regardless of whether UNDT may have committed an error of law, fact, or procedure, Article 2(2) of the UNDT Statute precluded an appeal to UNAT if UNDT acted within its jurisdiction or competence. UNAT held that UNDT acted within its jurisdiction or competence. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and affirmed the UNDT Order.