51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties¡¯ submissions. UNAT held that the Secretary-General had failed to persuade it that UNDT erred on a question of fact resulting in a manifestly unreasonable decision. UNAT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member¡¯s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. UNAT held that the test for apparent bias applied by UNDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. UNAT held that UNDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. UNAT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. UNAT held that UNDT¡¯s conclusion that the application was receivable was without legal basis as was its award of compensation. UNAT held that...

UNAT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. UNAT held that UNDT made an error of law when it found the decision to deny Mr Nartey¡¯s request to grant him a lien on his post was an abuse of authority. UNAT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. UNAT held that UNDT made an error of law when it concluded that the impugned decision was retaliatory. UNAT held that UNDT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT made an error of law when it applied UNICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. UNAT held that UNDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. UNAT held that UNDT¡¯s conclusion that the non-renewal decision was vitiated by UNICEF¡¯s failure to take remedial measures to improve Mr Assale¡¯s performance was without legal basis. UNAT held that UNDT erroneously concluded that both the Chad Country...

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to reverse the finding of UNDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. UNAT affirmed the UNDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. UNAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

UNAT considered the appeal by the Secretary-General. UNAT rejected the Secretary-General¡¯s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before UNDT. UNAT further rejected the staff member¡¯s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. UNAT held that UNDT had not erroneously substituted itself for the Administration. UNAT held that UNDT¡¯s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General¡¯s appeal had no merit, it...

UNAT considered an appeal by the Secretary-General limited to contesting the award by UNDT of three months¡¯ net base salary as compensation for damage to Ms Haroun¡¯s career prospects. UNAT held that UNDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun¡¯s separation from service. UNAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

UNAT held that UNDT erroneously awarded the Appellant moral damages because she did not produce any corroborating evidence to support the contention that harm had occurred. However, UNAT held that the award for moral damages would stand since the Secretary-General had not appealed the UNDT judgment. UNAT held that there is no corroborating evidence to support the Appellant¡¯s claim for damages to ¡°restore her professional, physical and emotional suffering¡± and for ¡°irregularities and ignorance. ¡± The appeal could not succeed on those claims. UNAT also held that a referral for accountability is...