51ÁÔÆæ

UNAT held that there was no merit to the Respondent¡¯s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant¡¯s request. UNAT held that the matters could be raised by UNJSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. UNAT held that the Respondent¡¯s arguments that the Appellant¡¯s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. UNAT held that the impugned decision was, in effect, a failure by the...

UNAT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. UNAT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, UNAT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

UNAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT considered an appeal by the Secretary-General and an appeal Ademagic et al. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. UNAT held that UNRWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. UNAT held that UNRWA¡¯s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. UNAT noted that the Commissioner-General did not dispute the Appellant¡¯s claim that the UNRWA Area Staff Rules...

UNAT held that UNDT did not commit an error of fact or law when it concluded that the difference of treatment between the Appellant and his former colleagues who had undergone a competitive selection process was lawful. UNAT held that it was reasonable and lawful to treat them differently at the time of deciding about the possible extension of his fixed-term appointment because equality meant not only the equal treatment of equals but also the unequal treatment of unequal. UNAT held that there was no flaw in the motivation of the impugned judgment that could result in a manifestly unreasonable...

The staff member appealed seven UNDT judgments. UNAT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.

UNAT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by UNDT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of UNFPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the UNFPA Headquarters Contracts Review Committee, in violation of further norms. UNAT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. UNAT held that UNDT correctly declined to accept...

UNAT held that the Appellant failed to establish any errors warranting the reversal of the UNDT judgment concerning her entitlements. UNAT held that the UNDT correctly concluded that the claim was not receivable. UNAT recalled that UNDT has no jurisdiction to waive the deadlines for management evaluation or administrative review. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that Ms Akello¡¯s involvement in the private company Blessed Seasons, which was on a UN list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. UNAT held that, in ruling otherwise, UNDT erred in law and fact and the Secretary-General¡¯s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...