51ÁÔÆæ

The Appellant did not raise any challenges as to the merits of the UNRWA DT judgment, but rather his appeal related to the procedure adopted by UNRWA DT in hearing his complaint. UNAT held that it was not persuaded that UNRWA DT erred in procedure or otherwise exceeded its jurisdiction in the exercise of its power, such as to warrant reversal of the judgment. Noting that two Orders clarified the aim of the hearing, UNAT held that there was no prejudice caused to the Appellant by the failure to provide him with a description of the relevance of the witnesses¡¯ testimony. UNAT held that UNRWA DT...

UNAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. UNAT held that the procedural errors did not amount to an abuse of power. UNAT held that absent an abuse of power, the compensation for moral damages had to be vacated. UNAT granted the appeal, rejected the cross-appeal, and vacated the UNRWA DT judgment in its entirety.

UNAT considered an appeal by the Secretary-General. UNAT accepted the Secretary-General¡¯s position that UNMIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the UNMIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. UNAT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. UNAT held that the change in the composition of the...

UNAT held that UNDT¡¯s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. UNAT held that UNDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that UNDT was unable to find any such evidence, UNAT held that the Appellant¡¯s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. UNAT held that it was satisfied that UNDT¡¯s...

UNAT held that it could find no fault with the UNDT¡¯s conclusion that the application was not receivable ratione materiae, which accorded with UNAT¡¯s jurisprudence. UNAT held that, since that ground was sufficient to affirm the UNDT judgment and to dismiss the appeal, there was no need for it to determine whether the application before UNDT challenged a specific implied administrative decision on the part of UNICEF or whether the Appellant was merely making general complaints about UNICEF¡¯s failure to protect him. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT had before it an appeal by the staff member limited to the award of compensation. UNAT noted that UNRWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. UNAT held that there was no error in this regard. UNAT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, UNRWA DT was conscious of the Appellant¡¯s claims for loss of opportunity. UNAT held that, in view of...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. UNAT held that UNDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. UNAT held that the adverse effect on Mr Alobwede was not supported by evidence. UNAT held that the ICTR Registrar¡¯s decision was lawful, and UNDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. UNAT held that UNDT erred in the level of award. UNAT held that the Secretary...

On the Appellant¡¯s claim that UNDT erred in failing to hold an oral hearing, UNAT held that UNDT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. UNAT held that UNDT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...

UNAT affirmed UNDT¡¯s finding that the staff member¡¯s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the UNDT Statute and Staff Rule 11.2(a). UNAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...

UNAT considered the motion for execution of judgment No. 2013-UNAT-359. UNAT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, UNAT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. UNAT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were...