51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered the Secretary-General¡¯s appeal and Mr Terragnolo¡¯s cross-appeal, noting that only the compensation awarded by UNDT was being contested. With respect to the Secretary-General¡¯s appeal, UNAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. UNAT noted that the impugned judgment followed UNAT¡¯s jurisprudence, but UNDT¡¯s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. UNAT held that due...

As a preliminary matter, UNAT denied the Appellant¡¯s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, UNAT found no merit in the Appellant¡¯s arguments. UNAT was not persuaded that the Appellant suffered prejudice by UNRWA DT admitting the Commissioner-General¡¯s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, UNAT found that UNRWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

UNAT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. UNAT held that there was no merit in the Secretary-General¡¯s contention that UNDT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. UNAT held that there was no merit in the Secretary-General¡¯s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. UNAT noted that an award under Article 10(5)(a) of the UNDT Statute is alternative...

UNAT considered the Commissioner-General¡¯s appeal, which alleged that UNRWA DT erred in finding that the UNRWA Administration¡¯s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. UNAT found that it was both logical and reasonable to expect the UNRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. UNAT noted that, even though Mr Hamayel had...

UNAT considered the Secretary-General¡¯s appeal and Mr Terragnolo¡¯s cross-appeal, noting that only the compensation awarded by UNDT was being contested. With respect to the Secretary-General¡¯s appeal, UNAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. UNAT noted that the impugned judgment followed UNAT¡¯s jurisprudence, but UNDT¡¯s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. UNAT held that due...

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 staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, UNAT held that UNDT was the body best placed to assess a candidate¡¯s chance of selection for placement on the roster. UNAT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin UNDT¡¯s assessment that the staff member¡¯s chances were not in the realm of the speculative. UNAT held that there was no merit in the Secretary-General¡¯s cross...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

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...