51ÁÔÆæ

The UNAT held that the UNDT erred in holding that the Administration misinterpreted one of the requirements for the position advertised in JO 127555, namely ¡°experience in leading large teams¡±, as requiring experience of direct supervision of 10 people or more. The UNAT further found that the vacancy announcement allowed for a such contextual interpretation as the literal meaning of ¡°lead¡± is very general and does not, by itself, allow for an exact comprehension of the intended meaning. Therefore, the UNAT held that it was reasonable for the Administration to interpret the requirement of...

The application was filed without being preceded by a timely filing of a request for management evaluation and the subject matter complained of does not include an administrative decision. The Applicant did not seek management evaluation of the final non-selection decision, which was required to contest it. She only requested management evaluation of the decision not to invite her to a competency-based interview.

The Applicant seeks to contest a preliminary step in a selection process, which can only be challenged in the context of a final selection decision. It is a premature contestation of...

The application is DISMISSED in its entirety.

The UNAT considered an appeal by the staff member.

The UNAT found that the UNDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member¡¯s separation. The UNAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The UNAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...

The UNAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. UNDT/2022/124 and that the UNDT did not err in delivering its Judgment during the pendency of that appeal. The UNAT nevertheless observed that the UNDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the UNAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the UNAT held that the UNDT rightfully refused to...

The UNAT considered an appeal by the staff member.

The UNAT found that the staff member did not cite any provision of Article 2(1) of the UNAT Statute and did not indicate whether any errors by the UNRWA DT in his case related to its jurisdiction, the procedure, a question of law or a question of fact. The UNAT held that the appeal was defective and consequently not receivable.

The UNAT, nevertheless, reiterated its jurisprudence on some of the issues raised, and agreed with the way the UNRWA DT had determined the amount of in-lieu compensation. The UNAT also agreed with the UNRWA DT¡¯s...

The UNAT denied the Appellant¡¯s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.

The UNAT held that the Appellant¡¯s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.

The UNAT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...

The UNAT dismissed the appeal, without prejudice.

The UNAT noted that Mr. Radu¡¯s appeal concerned the administrative decision of 8 November 2021 in respect of his separation from service during certified sick leave.

The UNAT further noted that a separate appeal by Mr. Radu, first before the Appeals Board and now before the UNAT, concerned that same administrative decision of 8 November 2021 on its merits, i.e. the disciplinary measure of separation from service for the alleged misconduct (UNAT Case No. 2023-1804).

The UNAT found that the impugned Appeals Board Decision in this case was not...

As a preliminary matter, the UNAT dismissed Mr. Qassem¡¯s request for an oral hearing. The UNAT found that the factual and legal issues arising from the appeal had been clearly defined by the parties and moreover, an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±.

The UNAT found that since Mr. Qassem¡¯s fixed-term appointment was extended beyond 31 March 2020, with no effect given to the initial administrative decision not to renew his employment beyond this date, the UNDT did not err in finding that the application was moot since the administrative decision...

The UNAT held that the UNDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The UNAT found that the UNDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant¡¯s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...