51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that the payment of interest awarded by UNDT on the payment of Mr Ahmed¡¯s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, UNAT upheld the UNDT judgment and held that the matter was properly before UNDT and could not be construed as res judicata. UNAT agreed with UNDT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

UNAT did not accept the argument that there was no evidence to indicate that the Appellant received the letter communicating the outcome of the management evaluation on 14 July 2011, noting that UNDT relied on the Appellant¡¯s statement to ascertain that date. UNAT held that the Appellant failed to show any error on UNDT¡¯s part. UNAT held that the Secretary-General rightly submitted that the deadline for the Appellant to file an application with UNDT was 12 October 2011, notwithstanding any ambiguity as to when she actually received the management evaluation response and the appeal failed on...

UNAT considered the Applicant¡¯s application for revision of judgment No. 2012-UNAT-209. UNAT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the UNAT Statute. UNAT held that the issuance of another judgment during the same session as which the Applicant¡¯s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. UNAT held that the application was submitted almost one year...

UNAT considered an application of the Secretary-General for interpretation of judgment No. 2012-UNAT-240. UNAT held that the application did not fulfil the requirements of Article 11 of the UNAT Statute and was therefore manifestly inadmissible. UNAT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. UNAT rejected the Secretary-General¡¯s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

UNAT held that the Appellant had not established any error in fact or law emerging from the impugned judgment. UNAT noted that the Appellant did not challenge the competitive procedure¡¯s final administrative act since he only began to contest the Administration¡¯s actions when the selected candidate was laterally moved, and another rostered candidate was appointed as a replacement. UNAT held that the Appellant¡¯s rights as a staff member were linked to the administrative decision that completed the selection procedure and that, as such, any breach of his rights could only be caused by that...

UNAT considered the Secretary-General¡¯s appeal. UNAT rejected the Secretary-General¡¯s submission that UNDT erred in ¡°double-counting¡± by using the same element of Mr Andersson¡¯s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. UNAT also rejected the Secretary-General¡¯s submission that Mr Andersson only fleetingly referred to...

UNAT considered an appeal by the Secretary-General. UNAT considered that UNDT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke¡¯s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. UNAT held that when it determines that UNDT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. UNAT clarified that this did not...

On the Appellant¡¯s claims of discriminatory and arbitrary practices, UNAT did not find that UNDT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and UNDT¡¯s findings demonstrated that it took cognisance of all relevant information. UNAT held that there was no error by UNDT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. UNAT held that UNDT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...

UNAT held that UNDT did not commit any error when it determined that the application before it was not receivable as it was time-barred. UNAT noted that it was technically improper for UNDT to analyse the merits of the case after declaring the application time-barred. UNAT held that even if the appeal had been receivable ratione temporis, the Appellant¡¯s claim could not succeed. UNAT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. UNAT dismissed the...

UNAT considered an appeal by the Secretary-General against judgment No. UNDT/2012/159; an appeal by the ¡°Applicant¡± (anonymity granted) against judgment No. UNDT/2013/079; and a cross-appeal by the Secretary-General of judgment No. UNDT/2013/079. On receivability, UNAT considered the Secretary-General¡¯s case that UNDT erred on the issue of receivability as the non-disciplinary issues contested by the Applicant were never submitted for management evaluation. UNAT held that UNDT, in deciding that the non-disciplinary issues had been submitted for management evaluation, erred in law and in fact...