51ÁÔÆæ

UNAT held that, while the representatives of the parties were present at the oral proceedings, they are entitled to the record of the testimonies made at those proceedings from the relevant UNDT Registry. UNAT held that this record is critical for the preparation of the appeal case. UNAT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. UNAT held that the Appellant was entitled to the record of the testimonies critical to the preparation of the appeal case, applying its jurisprudence in Finnis (Order No. 49 (2011)). UNAT upheld the appeal, vacated the UNDT...

The Appellant filed a notice of withdrawal pursuant to the terms and conditions of a settlement agreement. UNAT issued Order No. 188 (2014) noting the withdrawal and ordering the Registrar to close the case.

UNRWA DT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. UNAT held that UNRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. UNAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

UNAT considered an appeal by the Secretary-General. UNAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member¡¯s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey¡¯s summary of evidence. UNAT held that UNDT erred in not attaching any importance to this omission. UNAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. UNAT held that the Secretary-General...

UNAT considered both an application for Revision of judgment No. 2013-UNAT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, UNAT held that Mr Pirnea did not set forth a new fact that was unknown to both him and UNAT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the UNAT Statute and Article 24 of the UNAT Rules of Procedure. On the motion for confidentiality, UNAT noted that the motion was late, and it was unlikely that confidentiality could be achieved...

UNAT found that the facts were not disputed in this case. UNAT found that the appeal addressed errors of law and fact, maintaining that the Organisation was liable for accidents that occur on the way home, either directly or by a detour. UNAT held that the UNDT judgment very clearly stated the applicable law in Appendix D of the Staff Rules and that there was no error in the ABCC¡¯s practice not to cover injuries sustained during travel to and from work by an indirect route. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members¡¯ suitability for conversion. UNAT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. UNAT held that UNDT had made a significant error of law in concluding that the impugned decision was unlawful. UNAT held that UNDT had erred in...

UNAT considered an appeal by the Secretary-General. UNAT noted that the appeal only addressed the award of material damages. UNAT held that the staff member was entitled to one year¡¯s gross base salary apart from sick leave for the period of his certified illness. UNAT held that the award of twelve months¡¯ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. UNAT held that UNDT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of UNAT. UNAT dismissed...

UNAT considered the appeal and allowed it in part. UNAT held that the Appellant¡¯s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. UNAT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...

UNAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the UNRWA DT judgment under appeal. UNAT held that UNRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. UNAT held that UNRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...