51ÁÔÆæ

UNAT held that UNRWA DT was correct in applying Former UNRWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant¡¯s pay-out and that UNRWA DT had not erred in this regard. UNAT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant¡¯s situation had no merit and had been raised for the first time on appeal. UNAT held that the Appellant had failed to demonstrate that UNRWA DT had erred in finding that the Appellant¡¯s terms and conditions of employment are governed solely and exclusively by the Agency...

UNAT considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. UNAT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General¡¯s appeal, UNAT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former UN Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. UNAT held that the staff member needed to make a request for review of the administrative...

UNAT considered an appeal by the Secretary-General. UNAT affirmed UNDT¡¯s finding of the unlawfulness of reassignment decision. UNAT recalled that reassignment is proper if the new post is at the staff member¡¯s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member¡¯s competencies and skills; and if he or she has substantial professional experience in the field. UNAT held that, in Ms Rees¡¯ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. UNAT held...

Regarding the allegations that UNDT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, UNAT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. UNAT held that UNDT had not erred in rejecting the Appellant¡¯s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

UNAT addressed the staff member¡¯s appeal seeking reversal of the UNRWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. UNAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. UNAT held that the Appellant¡¯s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. UNAT held that UNRWA DT was correct in finding that the Agency¡¯s extension of the Appellant¡¯s...

Regarding the lateral moves, UNAT held that the fact, that the selected candidate¡¯s lateral moves were not recorded in the requisite database, was not dispositive of the issue, nor did the definition of ¡°lateral move¡± in ST/AI/2006/3/Rev. 1 included such a requirement. UNAT held that UNDT¡¯s decision on this point was based on the evidence that clearly established that the selected candidate¡¯s lateral moves satisfied the requirements of ST/AI/2006/3/Rev. 1. Regarding the work experience, UNAT held that the evidence before UNDT supported its finding that the selected candidate had at least 10...

UNAT considered an appeal of judgment No. UNDT/2011/179. UNAT held that the Appellant had failed to demonstrate that UNDT erred in finding that there was no evidence of a conflict of interest or prejudice to his case. UNAT noted that UNDT has broad discretion to determine the admissibility of any evidence under Article 18. 1 of the UNDT RoP and that it had exercised its discretion in deciding not to admit the evidence because it lacked probative value. UNAT held that UNDT had correctly found there were no meaningful indicia of a conflict of interest involving the Chief of OSLA regarding the...

UNAT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. UNAT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the UNDT decision under appeal. UNAT held that the Appellant, consequently, failed to establish that UNDT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. UNAT held that the evidence...

UNAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. UNAT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. UNAT held that UNDT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before UNRWA DT. UNAT held that UNDT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...

UNAT held that UNDT had not erred in concluding that the Administration¡¯s decision, to take into consideration in the context of the Appellant¡¯s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration¡¯s subsequent change of approach. UNAT held that UNDT had correctly determined that the Appellant¡¯s claims in this regard had become moot. UNAT held that, in rendering the Appellant¡¯s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, UNDT had failed to give sufficient weight to a central...