51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that as a consequence of the UN Income Tax Unit¡¯s (ITU) unlawful decision, the staff member had been harmed in the amount of the foreign tax credits he was required to use since he no longer had use of these credits to reduce his or his wife¡¯s income tax liability in future years. UNAT held that the staff member¡¯s claim for a refund was not moot, as UNDT had correctly determined. UNAT held that there was no basis to the Secretary-General¡¯s claim that the ITU did not need to provide a refund of the foreign tax credits to the staff...

Regarding the non-selection for the Programme Budget Officer post, UNAT held that the Appellant had failed to produce sufficient evidence to prove the impropriety in the decision making. UNAT held that the Appellant had also failed to put forward any specific evidence substantiating her claim of discrimination, bias, and retaliation to warrant a reversal of the UNDT¡¯s findings. Regarding the cancellation of the Administrative Officer post, UNAT held that the Administration had provided sufficient evidence to show that the cancellation of the post was based on Organisational and budgetary...

UNAT held that the Appellant had failed to show that UNDT exceeded its discretion in matters of case management. UNAT noted that it was indisputable that the Appellant had made a request to UNDT for his witness to be called. UNAT found that there was no mention of any witness in the UNDT judgment and that it was not clear that UNDT had considered that evidence. UNAT held that the Appellant should have been given the opportunity to call his witness or given an explanation by UNDT for not calling the witness. UNAT held that UNDT had committed an error of procedure, such as to affect the decision...

The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. UNAT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. UNAT accordingly upheld the Secretary-General¡¯s appeal on receivability. UNAT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, UNAT found that the Secretary-General¡¯s refusal to...

UNAT considered an appeal by the Secretary-General. UNAT affirmed UNDT¡¯s decision that the 60 days¡¯ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. UNAT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). UNAT held that UNDT¡¯s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...

UNAT held that UNDT had correctly determined that the staff member¡¯s application had become moot. UNAT held that the administrative decision to disable the fact-finding panel was superseded by its reconvening, after being impugned by the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

Noting that it had received a Motion to Withdraw, UNAT granted the motion. UNAT held that, the appeal having been withdrawn, the UNDT judgment remained in force.

UNAT held that the Appellant had failed to demonstrate any error of law or fact committed by UNRWA DT. UNAT held that the appeal was not based on any of the grounds set out in Article 2. 1 of the Special Agreement between the United Nations and UNRWA and that UNAT, therefore, had no jurisdiction to hear the appeal. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT rejected the request for an oral hearing finding there was no need for further clarification. UNAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member¡¯s conversion to permanent appointment did not give UNDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. UNAT held that it was not within UNDT¡¯s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...

UNAT considered both the two appeals by the Secretary-General and two cross-appeals by Mr Charles in judgment No. 2014-UNAT-416. UNAT held that that Section 9 of ST/AI/2010/3 was clear in giving the head of department/office the discretion to make a selection decision from candidates included in the roster. UNAT held that it was not open to UNDT to conclude that Section 9. 4 required the head of department/office to first review all non-rostered candidates before selecting a rostered candidate. UNAT held that UNDT erred in law in deciding that the appointment of the rostered candidates was...