51ÁÔÆæ

UNAT held that the Appellant¡¯s request for management evaluation was time-barred and that UNDT correctly ruled that his application was not receivable ratione materiae. Whilst the Appellant could and did request further information about the recruitment exercise, such request did not in any way impact the statutory time limit contained in Staff Rule 11. 2(c). In addition, UNAT held that the additional evidence the Appellant sought to submit on appeal bore no relevance to the case and rejected his request. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the appeal was entirely without merit. UNAT upheld the UNDT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. UNAT affirmed, albeit for different reasons, UNDT¡¯s final legal conclusion that the Applicant¡¯s application was not receivable ratione materiae. UNAT held that there was no reviewable administrative decision in the Appellant¡¯s application. UNAT held that UNDT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT exceeded its competence in reviewing Mr Omwanda¡¯s EOD date, as it was not subject to a timely request for management evaluation. UNAT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. UNAT held UNDT was statutorily barred from hearing Mr Omwanda¡¯s application. UNAT upheld the appeal and vacated the UNDT judgment.

The UNDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, UNAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that UNDT had committed any error of fact or law in arriving at its decision. UNAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, UNAT found no reason to differ from the UNDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...

UNAT considered an appeal by the Secretary-General. UNAT held that it was unable to detect any fault in the UNDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. UNAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. UNAT held that the application was...

UNAT affirmed UNDT¡¯s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. UNAT further affirmed UNDT¡¯s position that the Appellant¡¯s request for management evaluation was time-barred. UNAT, however, noted that UNDT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. UNAT further noted that this error by UNDT did not adversely affect...

UNAT considered the Appellant¡¯s claim that the basis for the non-renewal decision was his unsuccessful application for a newly created post for which he had applied. UNAT held that there was no evidence of the link between the decision not to renew his fixed-term appointment and his non-selection for the other post and considered that the timeline of events supported this. UNAT held that UNDT was correct in its finding that the non-renewal decision was a separate matter from the then-ongoing selection exercise. On the Appellant¡¯s claim that the successive renewals of his appointment created an...

UNAT held that UNDT did not commit any errors in procedure, fact, or law and correctly dismissed the motion for an extension of time to file an application against the contested decision. UNAT held that the application was not receivable ratione materiae, as the Appellant had not submitted a timely request for management evaluation and she was not exempted from doing so. UNAT dismissed the appeal.

UNAT held that UNDT was correct to find that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellants failed to specifically identify the errors allegedly committed by the UNRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. UNAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. UNAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...