51ÁÔÆæ

The UNAT held that the UNDT correctly determined that the non-selection decision was superseded and rendered moot by the Administration's subsequent rescission of the decision, which ended the selection process without anyone being selected for the position. It concluded that, from that moment, the non-selection decision ceased to have any legal effect and was no longer a live issue on which the UNDT had jurisdiction to pass judgment on.

The UNAT further affirmed that it was entirely within the Administration¡¯s authority to rescind the non-selection decision given the procedural irregularities...

The UNAT noted that the interview panel had nominated the staff member as one of the recommended candidates for appointment to the post but the Recruitment Report had been erroneously silent as to whether she had been considered on an equivalency basis. The UNAT observed that the advisory committee had subsequently found that her experience did not qualify her for equivalency and that she had not met the educational qualifications.

The UNAT held that because the staff member had been wrongly shortlisted, her participation in the remainder of the recruitment process had been unlawful and any...

The UNAT noted that the UNRWA DT, in its Judgment, had ordered the Commissioner-General to pay Ms. Smadi the difference between the salaries and associated entitlements between her Grade of HL6 and step and the Grade HL7 and step to which she was entitled from 1 August 2017.

The UNAT held that the language of the order was unequivocal, as were its terms. The UNAT found that it had been also clearly expressed in the UNRWA DT Judgment that the US Prime Rate should apply as of 30 May 2023. The UNAT found that the UNRWA DT Judgment, in turn, had been unambiguously affirmed by the Appeals Tribunal...

The UNAT held that the UNDT correctly concluded that the former staff member committed misconduct by repeatedly violating, over more than a year and a half, the rules prohibiting his wife from staying overnight with him in the UNMISS compound of a non-family duty station, without authorization or payment of the required accommodation fees, despite multiple warnings and a prior reprimand.

The UNAT also confirmed that, during a counselling session, the former staff member threatened to kill his wife and any staff member to protect their marriage and his perceived right to cohabitation. It agreed...

The UNAT held that the creation of the position of Deputy Special Representative (DSR), undertaken as part of the implementation of the recommendations to restructure the oPt Office, constituted an administrative decision of a general nature. It further concluded that although the newly established ToR for the DSR position transferred to the incumbent some duties and responsibilities that were previously part of the staff member¡¯s Terms of Reference (ToR), this reallocation alone was insufficient to conclude that the creation of the position of DSR produced direct legal consequences for the...

The UNAT found that the procedures applied to fill the Position sought by the staff member were consistent with the applicable rules. Although the OCHA advertised the Position without any pre-determined restriction to rostered candidates, and received some 151 applications, it ultimately decided to select a rostered candidate, thereby excluding the staff member and many others from consideration. The UNAT held that the Administration was well within its prerogative to do so, as the plain reading of Section 9.5 of Administrative Instruction ST/AI/2010/3/Rev.1 (Staff selection system) grants...

The UNAT held that the UNDT erred in concluding that the staff member¡¯s application was not receivable. It found that the staff member did, in fact, challenge an administrative decision which she claimed was in non-compliance with her terms of employment. Consequently, the UNDT had jurisdiction to decide whether or not to order the conduct of an investigation or take other courses of action concerning the staff member¡¯s allegations and complaints. The UNAT concluded that, by instead finding the staff member¡¯s application not receivable, the UNDT acted in contravention of Section 5.6 of...

The UNAT held that UNITAR was not obligated to terminate the staff member¡¯s appointment under paragraph 9(c) of AC/UNITAR/2019/05, which would have provided him with a termination indemnity. UNITAR was within its rights to place him on SLWOP pursuant to paragraph 9(f), to enable it to resolve the issue of funding with the donor for financing the staff member¡¯s position. The UNDT did not err in finding that UNITAR exercised its discretion properly, lawfully and reasonably.

The UNAT also affirmed the UNDT¡¯s finding that the former staff member had not met his burden of proof that he had...

The UNAT held that the Administration¡¯s restructuring of the finance function was a genuine exercise and a proper use of the Administration¡¯s discretion in responding to evolving needs. The UNAT did not agree that the Administration acted unfairly or unjustly in abolishing the former staff member¡¯s post. The UNAT further held that consultation with the former staff member was not required prior to the abolition of her post.

The UNAT found that the former staff member¡¯s dissatisfaction with the UNDT¡¯s assessment of the evidence of workplace issues between her and her supervisor does not...

The UNAT held that the contested decision was a separation decision hinged on expiration of an appointment, and not a termination decision based on abolition of post or reduction of staff. The former staff member did not fall within the category of staff with the right to be considered on a preferential basis for retention and the Administration did not have an obligation to find him an alternative and suitable position following the abolition or reclassification exercise.

The UNAT observed that although the former staff member was informed in his non-renewal letter that he would be placed on...