51ÁÔÆæ

UNAT considered an appeal by the Commissioner-General. UNAT held that the Commissioner-General¡¯s appeal was not time-barred and was, therefore, receivable. UNAT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, UNAT held that UNRWA DT did not have jurisdiction to award compensation for loss of earnings. UNAT held that any financial loss appears to be generated as the main cause and directly by the Director of UNRWA Affairs, Lebanon¡¯s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the UNRWA DT and that...

With respect to the Appellant¡¯s first claim, UNAT agreed with UNDT¡¯s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, UNAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. UNAT agreed with UNDT in that the decision to abolish Appellant¡¯s post was not receivable ratione materiae. UNAT...

The Appellant sought reversal of the UNDT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. UNAT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. UNAT held that the Appellant failed to submit a request for management evaluation. UNAT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. UNAT dismissed the appeal and...

As a preliminary matter, UNAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before UNDT, or demonstrate its relevance and materiality. On the merits, UNAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. UNAT held that knowledge of the...

UNAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. UNAT held that the UNDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. UNAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

On the question of the non-renewal of appointment, UNAT held that UNDT correctly concluded that (1) the Appellant¡¯s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant¡¯s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the ¡°decision¡± of the Administration to place adverse material in the Appellant¡¯s official status file and to block him from being rehired, UNAT held there was no final, appealable...

UNAT held that the Appellant simply put forward several general complaints related to the alleged merits of her case but did not argue that the judgment was defective or that UNRWA DT committed an error in deciding that her application was not receivable. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

As preliminary matters, UNAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by UNAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...

Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, UNAT dismissed the Appellant¡¯s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General¡¯s appeal in Case No. UNDT/NBI/2015/095 related to the issue settlement agreement, UNAT held that UNDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...

UNAT held that the Appellant had demonstrated no exceptional circumstances which would justify UNAT exercising its discretion to file additional pleadings. UNAT held that an application before UNDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. UNAT held that the...