51ÁÔÆæ

UNAT concurred with UNDT that the Appellant neither appealed the administrative decision not to select him for the post, nor challenged the selection process or the JAB¡¯s conclusion, but rather he discussed the release of a Confidential Letter which occurred after the selection process. UNAT held that UNDT was correct in finding that the appeal was not receivable with respect to the non-promotion. UNAT held that the Appellant failed to establish that UNDT committed errors warranting the reversal of its determination that his challenge to the decision to release the Confidential Letter was not...

UNAT held that the Appellant failed to establish that the UNDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, UNAT held that it was new evidence, for which leave was required, in order to adduce it before UNAT. UNAT did not find any exceptional circumstances existed to require it to consider the new evidence. UNAT held that UNDT did not err in taking into consideration the conditions governing the Appellant¡¯s deputation in order to determine his...

UNAT held that there was no reason to disagree with the UNDT judgment as the request for administrative review was clearly time-barred and the judgment did not contain any jurisdictional, factual or procedural defects. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an application for revision of Judgment No. 1465 of the former UN Administrative Tribunal submitted by Mr Lesar. UNAT noted that General Assembly resolution 63/253 was silent on the question of revision of judgments handed down by the former UN Administrative Tribunal during the period prior to its abolishment. UNAT held that the omission did not constitute a denial of the right to an effective remedy since a tribunal had already dispensed justice. UNAT held that it was not competent to revise the former UN Administrative Tribunal Judgment and that therefore, the application...

UNAT considered appeals of judgment Nos. UNDT/2010/075 and UNDT/2010/076. On the issue of being barred from the UNOV premises, UNAT noted that UNDT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, UNAT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. UNAT held that, as a holder of an SSA contract, the Appellant was no...

UNAT held that an irregularity in promotion procedures could only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance for promotion. UNAT held that there must be a link between the irregularity and the non-promotion decision. Thus, where the irregularity has no impact on the status of a staff member because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. UNAT upheld the appeal and vacated the UNDT judgment.

UNAT held that the UNDT correctly held that the recommendations did not constitute administrative decisions subject to appeal. UNAT held that the Appellant had not demonstrated any error in the decision by UNDT that his application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

On the issue of receivability, UNAT noted that not taking a decision was also a decision. UNAT noted that the alleged discrimination was based on a comparison between the claimant and staff members of a different category, namely international staff members. UNAT held that the general principle of equal pay for equal work does not prevent a legislative body or the Administration from establishing different treatments for different categories of workers or staff members if the distinction is made on the basis of lawful goals. UNAT held that there was no discrimination when the non-payment of...

UNAT considered an appeal by the Secretary-General. UNAT held that Ms Bofill was not promoted as a result of the fact that the other candidates had scored higher than she had and she would not have been promoted even if the other candidates had not been promoted. UNAT held that the procedural irregularity had no impact on her non-promotion. UNAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. UNAT held that UNDT should neither have rescinded the...

UNAT held that the Appellant was unable to establish that her non-selection to the two posts was flawed, or that she was not given full and fair consideration during the selection process. UNAT noted that the Appellant¡¯s claim was that she faced general discrimination for many years, but that she pleaded this without demonstrating specific discrimination when she was denied the appointment. UNAT held that there is always a presumption that official acts have been regularly performed. UNAT held that proof of unsubstantiated allegations of general discrimination, in the form of two letters...