51ÁÔÆæ

Noting the broad discretion of UNDT with respect to case management, UNAT held that there was no merit in the contention that UNDT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant¡¯s submission that UNDT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his ¡°evaluative past, including the issue of his performance appraisal¡±, UNAT noted that these matters had been...

UNAT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. UNDT/2012/116. UNAT held that the Appellant had not established any excess of jurisdiction or competence on the part of UNDT; rather, his claims addressed the merits of the UNDT decision. UNAT noted that even if the UNDT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the UNDT...

UNAT considered an appeal by the Secretary-General against judgment Nos. UNDT/2011/209 (on liability) and UNDT/2012/062 (on relief). UNAT held that there was no evidence to support the UNDT¡¯s conclusion that, had the UN Staff Pension Committee (UNSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. UNAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. UNAT held that...

UNAT held that, absent a request for waiver or extension of the time limits as well as any factors that would qualify as exceptional circumstances, the appeal was time-barred. UNAT dismissed the appeal as not receivable.

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, UNAT found no merit in the ground of appeal related to claimed errors in procedure on the part of UNDT. UNAT held that UNDT¡¯s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the UNDT¡¯s conclusion that the decision to cancel the vacancy announcement was lawful. UNAT held that UNDT was correct in...

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. UNAT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. UNAT noted that this delay worked in Mr Nasrallah¡¯s favour, permitting him to benefit from two years¡¯ further service. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that the reasons proffered by the Administration for not renewing Mr Pirnea¡¯s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. UNAT held that the UNDT¡¯s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea¡¯s appointment was based solely on speculation and that UNDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. UNAT noted that...

UNAT considered an appeal by the Secretary-General limited to UNDT¡¯s competence with regards to the nature of the redress granted to Ms Farr. UNAT held that UNDT exceeded its competence in ordering that Ms Farr¡¯s name be placed on the roster because the legal consequence of the annulment of the selection procedure was restricted to placing the staff member in the same position she would have been in if the illegality had not occurred. UNAT held that, to afford Ms Farr proper redress, she should be allowed to take a second oral exam in French, with adequate assurances concerning the...

UNAT considered an application for revision of judgment No. 2011-UNAT-131 by Ms Cohen. UNAT held that none of the grounds for revision set forth by Ms Cohen met the requirements of Article 11(1) of the UNAT Statute or Article 24 of the UNAT Rules of Procedure. UNAT held that none of the grounds provided were new facts, but rather they were new legal arguments and an attempt by Ms Cohen to re-litigate her case and complain about UNAT reducing the compensation awarded. UNAT dismissed the application for revision.

UNAT considered an appeal by the Secretary-General. UNAT held that as the Secretary-General had clearly established the UNDT¡¯s lack of jurisdiction, UNAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. UNAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. UNAT held that the appeal was receivable. On the merits, UNAT held that UNDT¡¯s finding that there was one...