UNAT held that the Appellant had failed to demonstrate any error of law or fact committed by UNRWA DT. UNAT held that the appeal was not based on any of the grounds set out in Article 2. 1 of the Special Agreement between the United Nations and UNRWA and that UNAT, therefore, had no jurisdiction to hear the appeal. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
UNAT preliminarily rejected the request for an oral hearing finding no need for further clarification of the issues arising from the appeal. UNAT held that UNDT had correctly concluded that the Appellant failed to identify an administrative decision, having a direct and adverse impact on his contractual rights, capable of being reviewed. UNAT held that the Appellant was not challenging a specific administrative but had asked UNDT to overturn a policy. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT addressed both appeals by the Secretary-General in judgment No. 2014-UNAT-418. UNAT held that UNDT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member’s appointment. UNAT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. UNAT dismissed the appeals and affirmed...
UNAT considered an appeal by the Secretary-General. UNAT held that no reasonable or objective analysis of Mr Luvai’s submissions to management, prior to his application to UNDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by UNDT. UNAT held that UNDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai’s firearm licence, UNDT exceeded its competence. UNAT held that UNDT...
UNAT considered both the two appeals by the Secretary-General and two cross-appeals by Mr Charles in judgment No. 2014-UNAT-416. UNAT held that that Section 9 of ST/AI/2010/3 was clear in giving the head of department/office the discretion to make a selection decision from candidates included in the roster. UNAT held that it was not open to UNDT to conclude that Section 9. 4 required the head of department/office to first review all non-rostered candidates before selecting a rostered candidate. UNAT held that UNDT erred in law in deciding that the appointment of the rostered candidates was...
UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT rejected the request for an oral hearing finding there was no need for further clarification. UNAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member’s conversion to permanent appointment did not give UNDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. UNAT held that it was not within UNDT’s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...
Noting that it had received a Motion to Withdraw, UNAT granted the motion. UNAT held that, the appeal having been withdrawn, the UNDT judgment remained in force.
UNAT held that UNDT had correctly determined that the staff member’s application had become moot. UNAT held that the administrative decision to disable the fact-finding panel was superseded by its reconvening, after being impugned by the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT considered an appeal by the Secretary-General. UNAT affirmed UNDT’s decision that the 60 days’ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. UNAT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). UNAT held that UNDT’s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...
UNAT noted that V01 had not been placed under oath before giving her interview and that she did not sign the transcribed version of her interview statement. UNAT held that V01’s transcribed statement, in which she said that the Appellant had raped her and engaged in sex with her, was neither reliable nor trustworthy; it was solely hearsay and insufficient, by itself, to prove the charge that the Appellant engaged in sexual activity with a minor. UNAT held that similarly the other written documents were replete with hearsay and multiple hearsays and were neither trustworthy nor sufficient to...
