51ÁÔÆæ

As a preliminary matter, UNAT denied the Appellant¡¯s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. UNAT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to UNDP. UNAT held that the recommendation by OAIS was not an administrative decision. UNAT held that UNDT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...

UNAT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier¡¯s contention that the Secretary-General¡¯s appeal is not receivable because the impugned judgment did not award him any damages and was mere ¡°a moral victory¡±, UNAT held that success before UNDT depends on whether the staff member¡¯s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to UNAT, as the unsuccessful party before UNDT, the...

UNAT consolidated the 51 appeals into seven groups heard by seven judicial panels, the first group (Kagizi et al. judgment No. UNDT/2016/131) being heard by the full bench. UNAT dismissed the appeals. UNAT confirmed UNDT¡¯s finding that the appellants lacked standing to challenge the non-renewal of their appointments in so far as they were deemed to be a direct challenge against the General Assembly¡¯s decision to abolish the posts. UNAT noted that, while in other aspects, UNDT regarded the applications as receivable and dealt with the merits of the case, those findings were not substantially...

UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and therefore UNAT adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.

UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and therefore UNAT adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.

UNAT held that the UNDT¡¯s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, UNDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. UNAT...

UNAT held that UNDT was correct to reject the Applicant¡¯s claim that she had been downgraded on the basis that: the reclassification/renumbering exercise had a legitimate organizational objective; it was not a classification within the meaning of ST/AI/1998/9; and when the Appellant had submitted her post to proper classification, she was graded at the G-6 level, which was equivalent to her previous grade. UNAT found no error in UNDT¡¯s decision that the Appellant failed to show that the alignment of her post to conform with the GCS had any detrimental impact on her salary or pensionable...

UNAT held that the Appellants had raised neither factual differences nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al.). UNAT, therefore, adopted the reasoning from its prior judgment in paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.

UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and UNAT, therefore, adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.

UNAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-UNAT-750 (Kagizi et al. ) and therefore UNAT adopted the reasoning from its prior judgment at paragraphs 18-27. UNAT dismissed the appeals and affirmed the UNDT judgments.