51ÁÔÆæ

UNAT held that a SPA can only be granted if the conditions of ST/AI/1999/17 are met, inter alia, that the staff member has been assigned to and discharged the full functions of a post which has been both classified and budgeted at a higher level, and that these prerequisites were not met. UNAT held that the denial of the ex gratia payment was lawful. UNAT held that the Administration did not commit any errors in exercising its discretion. UNAT held that the denial of an ex gratia payment did not violate the principle of equal pay for equal value and did not constitute discrimination. UNAT held...

UNAT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Garbo¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected the Appellant¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Ahmad¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT was correct to reject Mr Ahmad¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Gido¡¯s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected Mr Gido¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held that Mr...

UNAT held that all of the Appellant¡¯s grounds of appeal failed, except for his challenge to the UNRWA decision not to renew or extend the Appellant¡¯s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant¡¯s non-renewal or final extension, UNAT held that there was no error in UNRWA DT¡¯s reasoning and that UNRWA was justified in deciding not to renew or extend his employment, noting that UNRWA faced a massive financial shortfall...

UNAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. UNAT waived the deadline for appeal and held the appeal to be receivable. UNAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before UNDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant¡¯s claims relating to the use of and access to the closed-circuit television (CCTV) video...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms Civic limited to the extent to which UNDT dismissed her claim of compensation for pecuniary damage (loss of opportunity). On loss of opportunity, UNAT held that UNDT did not err when it found that the irregularity of cancelling the Appellant¡¯s performance appraisal and the failure to promptly issue another one did not suffice to demonstrate a significant chance or realistic prospect of her retaining another position within the Organisation. UNAT held that the irregularity was inconsequential for the purposes of the...

UNAT held that UNDT erred in attaching no weight to the medical evidence and in finding that the disciplinary measure imposed was based on an incorrect determination of the nature and gravity of the assault. UNAT held that there were other more important factors to consider, including the fact that the Appellant was a staff member in charge of local security and that his conduct was an abuse of authority and oppressive of a local inhabitant. UNAT recalled that the test of proportionality required a comparison between the misconduct and the sanction, not the investigation and disciplinary...

UNAT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. UNAT noted that the Appellant had had access to the Inspira Applicant¡¯s Manual and World Higher Education Database, which was embedded into Inspira. UNAT held that the Appellant¡¯s argument that UNDT failed to implement the UNAT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...

UNAT affirmed UNDT¡¯s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. UNAT further affirmed UNDT¡¯s position that the Appellant¡¯s request for management evaluation was time-barred. UNAT, however, noted that UNDT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. UNAT further noted that this error by UNDT did not adversely affect...