51ÁÔÆæ

UNAT held that UNDT previously addressed the issues at hand and, therefore, there were no grounds to consider that the Appellant¡¯s rights to due process were violated by a judgment by default or by not considering her arguments. UNAT noted that UNDT did not err in concluding that there was no administrative decision concerning the Appellant¡¯s return to the G-4 post capable of judicial review under Article 2(1) of the UNDT Statute, as that return was the predictable and logical consequence of her non-selection. UNAT relied on its holding in Zhang (2010-UNAT-078) and held that UNDT correctly...

UNAT held that there was no valid claim of unfair treatment and discrimination by the Appellant against the former Chief of ATS and UNDT therefore correctly limited its consideration to the interview process. UNAT held that the Appellant was merely repeating arguments that were adequately considered by UNDT and that there were no reasons to reverse UNDT¡¯s judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

The Appellant contested the UNDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. UNAT held that if the Administration does not comply with a Tribunal¡¯s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. UNAT affirmed the UNDT finding that the Administration¡¯s decision must be deemed unlawful, as the Secretary-General refused to comply...

UNAT held that UNDT was correct in finding that the statement dated 26 November 2003 was neither a decision to terminate the Appellant¡¯s appointment nor a disciplinary measure. UNAT held that the statement was merely a publicly stated opinion which had no legal consequences on the Appellant who, in addition to having already been informed on 29 October 2003 that his contract would not be renewed beyond 30 November 2003, had also declared that he would not be able or willing to continue working for UNODC after his contract expired. UNAT accordingly dismissed the appeal and affirmed the UNDT...

UNAT considered Ms Comerford-Verzuu¡¯s appeal and the Secretary-General¡¯s cross-appeal, regarding whether UNDT was correct in holding that the contested decision was dated 2 August 2005 and that the request for administrative review was time-barred. UNAT found that the OIOS reply of 2 August 2005 was the administrative decision of which Ms Comerford-Verzuu was seeking a review. UNAT held that the subsequent correspondence was unwarranted and did not extend the time limit for seeking administrative review of the first administrative order. Accordingly, the time limit for seeking administrative...

UNAT considered an appeal by the Secretary-General. UNAT held, in agreement with the Secretary-General, agreed that there were no grounds to award compensation. UNAT noted that there was no administrative decision being contested in this case, as both parties accepted the decision to promote Ms Kamal and she had not identified any illegality that could lead to an award of compensation. UNAT found that the delay in completing the selection process could not be considered a valid ground for compensation, since the circumstances of the case did not show any negligence or violation of specific...

UNAT considered the Appellant¡¯s appeal. UNAT noted that, contrary to the Appellant¡¯s contention, UNDT was not required to ascertain whether the closure of the Centre was a consequence of mismanagement or of any other factor since the primary purpose was not to get rid of the Appellant. UNAT found that UNDT did not fail to exercise its jurisdiction by not ascertaining whether the closure of the Centre was the result of serious mismanagement and irregularities. UNAT also found that the Appellant failed to submit sufficiently clear and convincing evidence that the desire to retaliate against him...

The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, UNAT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, UNAT noted that not every violation of due process will necessarily lead to an award of compensation...

UNAT considered an appeal, in which the Appellant claimed that UNDT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. UNAT held that it was within the competence of UNDT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. UNAT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and...

UNAT considered Mr Al Sayyed¡¯s appeal and found that the decision to terminate his service, effective from close of business 15 December 2007, and as communicated to him on 30 November 2007, was superseded by the action he took on 4 December 2007, an action reinforced by him on 7 January 2008. Under these circumstances, UNAT held that UNRWA did not err in dismissing Mr Al Sayyed¡¯s appeal against his termination on the basis that there was no termination decision capable of review. UNAT dismissed the appeal.