51ÁÔÆæ

The Appellant contested the UNDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. UNAT held that if the Administration does not comply with a Tribunal¡¯s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. UNAT affirmed the UNDT finding that the Administration¡¯s decision must be deemed unlawful, as the Secretary-General refused to comply...

UNAT considered an appeal by the Secretary-General limited to the matter of compensation. UNAT held that the appeal had to be allowed in part because UNDT erred in setting the compensation in lieu of reinstatement at two years¡¯ net base salary without considering that Mr Gakumba¡¯s previous fixed-term appointments were one year each. UNAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year¡¯s net base salary. UNAT affirmed the UNDT judgment on compensation for non-pecuniary damages and held that no error of law was...

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. UNAT concurred with the former UN Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member¡¯s fixed-term appointment was not unlawful. UNAT agreed with the UNDT¡¯s finding that the staff member had suffered no material harm from the series of renewals for short...

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...

UNAT held that the Appellant¡¯s submissions were largely a reiteration of his arguments before UNDT. UNAT held that UNDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. UNAT held that UNDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. UNAT held that the UNDT¡¯s findings that the advice given to the Appellant regarding uncertified sick leave was correct. UNAT held that the Appellant¡¯s allegation that...

UNAT held that concern about a high-level manager¡¯s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. UNAT noted that it was well within the discretion of UNDT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. UNAT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. UNAT held that UNDT did not err in awarding moral damages of USD 25,000. UNAT held there was no merit in...

UNAT considered the Secretary-General¡¯s appeal regarding whether UNDT erred in ordering both an extension of Mr Sannoh¡¯s appointment and payment of a termination indemnity. UNAT noted that UNMIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member¡¯s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had erred in deciding that the non-renewal of the staff member¡¯s contract was unlawful. UNAT held that the staff member was aware that a high school diploma was an essential qualification. UNAT held that his contract was conditional upon him producing proof of this qualification. UNAT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. UNAT agreed with the Secretary-General¡¯s submission that the decision not to renew was neither...

UNAT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. UNAT held that, other than repeating his arguments before the UNRWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. UNAT held that the claims of errors of fact on the part of UNRWA DT, resulting in a manifestly unreasonable decision, were unsustainable. UNAT held that UNRWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...

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...