51ÁÔÆæ

Mr. Mousa appealed. As regards Mr. Mousa¡¯s request for an oral hearing, the UNAT held that he did not provide a compelling reason why an oral hearing should be granted in this appeal. As the case deals with the issue of receivability ratione materiae, an oral hearing is not necessary and would not ¡°assist in the expeditious and fair disposal of the case¡± within the meaning of Article 18(1) of the UNAT¡¯s Rules of Procedure. The UNAT also found that Mr. Mousa¡¯s appeal did not refer to any of the grounds of appeal mentioned in Article 2(1) of the UNAT Statute. The only submission regarding the...

None of the documents submitted by the REspondent had the official or authoritative character of a budgetary and/or financial record to demonstrate how the Applicant¡¯s post was established and funded and¡ªby a subsequent exclusion¡ªalso showed that the post had been abolished (see, similarly, the Dispute Tribunal¡¯s non-appealed judgment in Quatrini UNDT/2020/043). Also, nowhere in any of the documentation is it implied that the mandate of UN Women¡¯s office had changed in a way that would disallow the employment of a driver at 3 level of the General Service staff category (¡°G-3¡±). The Respondent...

The UNAT first addressed the staff member¡¯s request for an oral hearing. The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation. The UNAT rejected this argument, noting that the appeal was a review of the UNDT judgment based on the evidence presented to the UNDT, and the staff member had not applied to present new evidence. The UNAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration. The request for the oral hearing was denied. ...

Mr. Younis appealed. The UNAT found that after perusing the PHP submitted by Mr. Younis, the UNDT had held that the suitability review was correct. The PHP confirmed the Administration¡¯s assessment of Mr. Younis¡¯ work experience. The total number of years of his experience for the two criteria had been properly arrived at by first determining if the nature of his work experience fulfilled the relevant criteria and then the number of years for which he had served in relevant roles was computed for both criteria. The UNAT held that even if Mr. Younis was given the benefit of the doubt on the...

As regards the request for an oral hearing, the UNAT held that the UNRWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing. The UNRWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the UNAT agreed with the UNRWA DT and upheld...

Following the recusal of his FRO from the Panel, there is no evidence to suggest that the Applicant would have had a better chance had his FRO been present, nor that his (the FRO¡¯s) presence in the other CBIs gave them a better chance. Even if the CBI panel had remained constant and identical, with the inclusion of the FRO, the record before the Tribunal demonstrates that the selected candidate was superior in her candidature. The administration of a written test is not mandatory pursuant to the Staff Selection AI. The onus was on the Applicant to prove the alleged bias. Ill-will is not a...

As to the appeal against the UNDT¡¯s Order for expungement of the impugned documents from its case file, UNAT found that it was receivable because, unless the documents were preserved for use at trial, they might be lost with the consequence that the Secretary-General would be unable to use them to establish his allegations of forgery and fraud as he was entitled to. UNAT found that the UNDT¡¯s Order was, in this respect, effectively irremediable; that this would be a manifestly unreasonable consequence of the Order for the Secretary-General; and that the circumstances were so rare and...

The Secretary-General's appeal challenged the UNDT order referring the maternity leave decision for accountability. UNAT found that the UNDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the UNDT exceeded its competence since the maternity leave decision had not been challenged before the UNDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...

The Tribunal held that as clearly confirmed by the Permanent Mission of Denmark, the Applicant is not recognized as female under the Danish Passport Law, which would have been indicated as ¡°F¡± in the passport. The Tribunal concluded that there was no violation of international standards. As a person non-compliant with their biological sex, the Applicant has the right to an outward expression of gender identity, respect for their identification and should be protected against improper discrimination on this basis. This does not however translate to automatic access to entitlements or policies...

The Tribunal found that there were severe failures in affording the Applicant due process during the investigation. After first interviewing her as a non-subject, SIU later decided that she would be a subject of the investigation but did not then afford her the due process entitlements under section 10 of ST/AI/2017/1. While there was procedural unfairness to the Applicant, inefficiency and a lack of reporting transparency; there was no due process failing on the part of the decision-maker since her decision expressly considered not only the SIU investigation report but also the Applicant¡¯s...