51ÁÔÆæ

UNAT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). UNAT held that those steps had to have been exhausted before invoking the jurisdiction of UNDT. UNAT held that UNDT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. UNAT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. UNAT noted that UNDT has no jurisdiction to waive the requirement of a prior...

UNAT affirmed the decision of UNDT that the Appellant¡¯s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. UNAT held that UNDT did not err in limiting the scope of his application to the non-renewal. UNAT concurred with the former UN Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member¡¯s fixed-term appointment...

UNAT noted that, in finding the application to be time-barred, UNDT considered whether any exceptional circumstances existed to allow a waiver of the time limits and found that neither health problems nor the need to replace counsel constituted justification in the specific circumstances of the case. UNAT held that the Appellant failed to demonstrate any error warranting the reversal of the first instance judgment, whose conclusions it endorsed, as they relied on a correct application of the law. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General of the Compensation Case, an appeal by Mr Shkurtaj of the Ethics Policy Case, and a cross-appeal by Mr Shkurtaj of the Compensation Case. UNAT held that a former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose from his or her employment and that there must be sufficient nexus between the former employment and the impugned action. UNAT held that an award for damages was justified in the circumstances. UNAT held that the amount of fourteen months¡¯ net...

UNAT considered an appeal by the Secretary-General. UNAT held that it was not for the head of department to intervene in the evaluation process conducted by the programme manager, the Central Review Body and, where applicable, the panel. UNAT held that the head of department is not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who have been recognised as qualified. UNAT held that the Executive Director¡¯s actions disregarded Mr Verschur¡¯s right to benefit from the advantage of being included on the roster for a year and she...

UNAT considered an appeal by the Secretary-General. UNAT held that the head of department was not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who had been recognised as qualified. UNAT held that UNDT did not commit an error of law or fact in ruling that the contested administrative decision was marred by irregularity and ordering the Appellant to be paid compensation equivalent to six months¡¯ base salary as an alternative to the rescission of the improper decision. UNAT considered that, in this matter, the first judge was...

As a preliminary issue, UNAT held that UNDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. UNAT held that the Appellant failed to demonstrate that UNDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. UNAT held that UNDT did not err by failing to order the Appellant¡¯s...

UNAT held that UNDT did not err when it decided that the present appeal by a former staff member to have access to the UNOV premises was not among the listed grounds of jurisdiction of the UNDT and was therefore not receivable. UNDT dismissed the appeal and affirmed the UNDT judgment.

UNAT had before it: an application for interpretation of judgment No. 2010-UNAT-043 on the issue of to which UNDT Registry UNAT remanded Ms Mezoui¡¯s case; two appeals from UNDT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. UNAT held that the application for interpretation was a ruse to have UNAT interfere with UNDT¡¯s assignment of venue. UNAT held that venue was a matter for the trial court¡¯s discretion, with which it would not interfere. UNAT held that it would not, generally, entertain interlocutory appeals. UNAT denied the application for...

UNAT held that UNDT correctly held that the Appellant¡¯s case was not receivable. UNAT held that a selection process involved a series of steps or findings which led to the administrative decision, and that these steps may only be challenged in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the UNDT. UNAT held that the UNDT¡¯s decision to order the Appellant to pay the sum of CHF 2,000, was justified because he filed a frivolous application and made all kinds of baseless charges against the fairness of the UNDT. UNAT...