51ÁÔÆæ

UNAT held that there was no evidence before it to support the contention that UNRWA DT erred in law. UNAT upheld the findings of UNRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. UNAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. UNAT found no procedural irregularity or any error in law on the part of UNRWA DT...

UNAT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by UNRWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. UNAT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant¡¯s post. UNAT held that UNRWA DT properly treated the question of the Appellant¡¯s additional work in light of PD A/3 related to the parallel education programme...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr. Crotty¡¯s application receivable. UNAT held that in light of UNDT¡¯s error in receiving the application, the UNDT¡¯s...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Alsado¡¯s application receivable. UNAT held that in light of the UNDT¡¯s error in receiving the application, the UNDT¡¯s...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Wright¡¯s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Wright¡¯s application receivable. UNAT held that in light of the UNDT¡¯s error in receiving the application, the UNDT¡¯s...

UNAT considered an appeal by the Secretary-General. On the issue of receivability, UNAT held that UNDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. UNAT held that there was no merit in the Secretary-General¡¯s submission that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith¡¯s request for management evaluation and the MEU¡¯s response, on the basis that it was the role of UNDT to adequately interpret and...

UNAT vacated UNDT¡¯s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, UNAT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...

UNAT held that UNRWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. UNAT upheld the UNRWA DT¡¯s findings that the provisions in the GMIP were mandatory for the UNRWA, that the GMIP does not include a provision with respect to retroactivity, and that UNRWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. UNAT held that the GMIP could not apply outside of its scope of application. UNAT held that there was no evidence that UNRWA DT erred on the law or the facts, and that the Appellant¡¯s...