51ÁÔÆæ

UNAT considered the Secretary-General's appeal, challenging UNDT¡¯s finding that the application, as it related to the second contested decision, was filed on time and was receivable. UNAT agreed with the Secretary-General, that the official holiday at the New York Registry on 5 September 2016 is irrelevant for the determination of the timeliness of the individual¡¯s filing before the Nairobi Registry. Although the case was later transferred to New York, on 6 September 2016, this case was still recorded as pending before UNDT Nairobi and the filing of all documents in that month was expected to...

UNAT considered the appeal. UNAT found no reason to differ from UNDT¡¯s conclusion. UNAT found that the applicable procedural requirements were followed, and the evidence did not supersede the presumption of regularity of the administrative decision. UNAT further noted that the Appellant was afforded full and fair consideration and that he failed to establish any bias by the members of the panel. UNAT also held that the Appellant forewent the required procedures for filing complaints of discrimination and failed to provide evidence that he was the target of the restructuring exercise or that it...

UNAT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. UNAT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, UNAT found the appeal to be defective and not allowed. UNAT dismissed the appeal and affirmed UNRWA DT¡¯s judgment.

UNAT considered the appeal of the consolidated applications. With respect to the first issue, UNAT found no error in UNRWA DT¡¯s conclusion that the Appellant had failed to establish that the decision not to confirm his appointment as TDSE Advisor and to transfer him to his previous post was unlawful. UNAT noted that there was no merit in the Appellant¡¯s contention that UNRWA DT failed to examine the relevant facts and to apply legal and regulatory provisions to his performance evaluations during his probationary period. UNDT also noted that the review of the Appellant¡¯s performance assessments...

UNAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. UNAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

With respect to the Appellant¡¯s first claim, UNAT agreed with UNDT¡¯s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, UNAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. UNAT agreed with UNDT in that the decision to abolish Appellant¡¯s post was not receivable ratione materiae. UNAT...

UNAT considered the staff member¡¯s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former UNAT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. UNAT noted that paragraph 2 of the judgment merely quoted the facts ¡°as found by the Dispute Tribunal¡±, with a footnote reference to the paragraphs quoted from the UNDT judgment. UNAT further noted that the Secretary-General...

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-UNAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. UNAT...

The staff member filed an application for execution of judgment No. 2015-UNAT-604 (Ocokoru). UNAT noted that in judgment 2015-UNAT-604, it did not make any order affecting the UNDT judgment that was appealed but simply decided that the Secretary-General¡¯s appeal was not receivable. UNAT held that the execution of the UNDT judgment remained within the jurisdiction of UNDT and, as such, it was not competent to grant the staff member¡¯s application. UNAT observed that Article 27 (Execution of judgments) of the UNAT Rules of Procedure, when read together with Article 11.4 of the UNAT Statute...

UNAT considered an application for interpretation of judgment No. 2017-UNAT-774 filed by Mr Awe. The application was admitted in part. UNAT ordered the Secretary-General to send a corrected version of the meeting minutes and of the FFP¡¯s findings to all the recipients of the 22 January 2014 meeting minutes. UNAT held that its judgment did not address the question of whether Mr Awe could request disciplinary actions against Ms Yasin, or whether he could claim compensation for procedural errors in case such actions have not been undertaken since these issues were the subject of Mr Awe¡¯s separate...