51ÁÔÆæ

UNAT held that there was no error in the UNRWA DT decision that the Appellant did not challenge a discretionary administrative decision that breached the terms of his appointment, rather, he was challenging the rule providing for the manner in which separation benefits should be calculated, including the applicable interest rate. UNAT held that the Appellant did not challenge an appealable administrative decision in that he did not contest a unilateral decision taken by the administration in a precise individual case. UNAT held that UNRWA DT correctly held that the publication of interest...

UNAT had before it an appeal against both Order No. 63 (GVA/2014) and Summary judgment No. UNDT/2014/061. On the Appellant¡¯s additional filings and motions to submit additional pleadings, UNAT held that there were no exceptional circumstances that warranted the inclusion of any of the additional material in the appeal and denied the motions. On the Appellant¡¯s motion requesting UNAT to intervene in matters which fell outside the scope of the appeal, UNAT denied the motion. On the Appellant¡¯s appeal of Order No. 63 (GVA/2014), UNAT rejected the appeal on the basis that her appeal grounds did...

UNAT considered appeals by both Mr Aliko and the Secretary-General. UNAT held that UNDT correctly concluded that Mr Aliko¡¯s application contesting the decision refusing his request to change nationality for UN purposes was time-barred. UNAT held that UNDT did not err in rejecting as not receivable Mr Aliko¡¯s claims against the decisions on his ineligibility for education grant and on education grant recovery. UNAT held that it was lawful for the Administration to use Mr Aliko¡¯s pending entitlements to recover part of his indebtedness to the Organisation. UNAT held that UNDT erred in concluding...

UNAT held that UNDT erred in unilaterally establishing new starting points for the time to run for the purpose of filing claims with the ABCC that were contrary to the express text of Article 12 of Appendix D to the Staff Rules. UNAT held that this was a case where the staff member failed to appreciate the filing deadlines. UNAT held that ignorance of the law was no excuse for missing deadlines. UNAT held that it was open to the ABCC to find that the Appellant¡¯s explanation for her delay did not constitute exceptional circumstances justifying the waiving of the four-month time limit prescribed...

On the Appellants¡¯ motion for contempt and request to strike specific paragraphs from the Respondent¡¯s Answer, UNAT found no basis to grant the relief sought but stated it would deal with the issue in the judgment. On the Appellants¡¯ complaints about the number of witnesses permitted to testify, UNAT held that: insofar as the Appellants¡¯ sought to impugn the UNDT judgment on the basis of the number of witnesses permitted to testify, there was no merit in such an argument and it found no error of procedure such as to affect the decision in the case; and there was no merit in the argument that...

UNAT considered an appeal by the Secretary-General. UNAT held that the UNDT¡¯s legal conclusion that the application was timely was erroneous. UNAT held that the application was not timely and not receivable ratione temporis. UNAT held that UNDT exceeded its competence or jurisdiction in receiving the application and addressing its merits. UNAT granted the appeal and vacated the UNDT judgment.

UNAT held that the Appellant raised the same issues he raised before UNRWA DT and did not identify how the judgment was in any way defective. UNAT held that the Appellant did not identify any of the required grounds of appeal and failed to demonstrate that UNRWA DT committed any error of fact or law in arriving at its decision. UNAT held that the Appellant¡¯s case was fully and fairly considered by UNRWA DT and found no error of law or fact in its decision. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

On the question of maintaining confidentiality, UNAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. UNAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member¡¯s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. UNAT held that the specific provisions of ICAO¡¯s personnel instruction should have led to a...

UNAT considered two appeals by the Secretary-General. On the receivability, UNAT held that UNDT had not erred or exceeded its competence in finding the application receivable ratione materiae. UNAT held that the Secretary-General¡¯s argument of non-receivability ratione temporis was without merit. UNAT held that UNDT erred on a question of law and fact and exceeded its competence when it held that the staff member was entitled to be granted a retroactive promotion with effect from 1 January 2012 to ensure that the time of the selection process from January 2012 to May 2013 be considered as ¡°D-1...

UNAT held that the Appellant did not indicate any errors on the part of UNRWA DT that would require a reversal of its judgment. UNAT held that there was no error in UNRWA DT¡¯s finding. UNAT held that the Appellant did not comply with the filing deadlines. UNAT held that UNRWA DT did not commit any error when it determined that the application before it was not receivable as it was time-barred. UNAT dismissed the appeal.