51ÁÔÆæ

Both parties appealed. UNAT held that UNDT was correct regarding the non-receivability ratione materiae with respect to the first three decisions. UNAT, however, disagreed with UNDT¡¯s finding that the Administration had unlawfully delayed check-out, including his final payments and the submission of the required forms for his pension, since the period of three and a half months which was taken by the Administration to investigate and proceed with Mr Nchimbi¡¯s ¡°check-out¡± was not unreasonable in the given circumstances. UNAT upheld the Secretary-General's appeal and dismissed Mr Nchimbi¡¯s...

UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...

The Secretary-General appealed. UNAT held that UNDT erred on a question of law when it concluded that the procedure was flawed on the basis that it was not sufficient for the Assistant Secretary-General/Controller to countersign and approve the UNCB recommendation and that a separate and reasoned decision was necessary for the regularity of the administrative procedure. UNAT held that UNDT erred in law in finding that there was a procedural delay and, therefore, granting compensation. UNAT granted the appeal and vacated the UNDT judgment insofar as it awarded compensation for the procedural...

UNAT considered the Appellant¡¯s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. UNAT referred to Article 9(1)(b) of the UNAT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. UNAT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. UNAT accordingly rejected the Appellant¡¯s request for compensation. UNAT also referred to Article 9(2) of...

As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the UNDT judgment insofar as it had not been appealed against, UNAT denied the motion on the basis that execution should have been requested before UNDT. On the Appellant¡¯s motion to strike assertions and evidence, UNAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, UNAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

UNAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. UNAT held that the UNDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. UNAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

As a preliminary matter, UNAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before UNDT, or demonstrate its relevance and materiality. On the merits, UNAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. UNAT held that knowledge of the...

UNAT held that the appeal was defective for failure to identify errors made by UNRWA DT. However, noting that the Appellant was self-represented, UNAT considered whether UNRWA DT erred in finding that UNRWA had properly exercised its discretion in transferring the Appellant. UNAT held that UNRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant¡¯s application. UNAT upheld UNRWA DT¡¯s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...

UNAT held that UNRWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. UNAT held that UNRWA DT erred in its assessment of the alleged victim¡¯s credibility. UNAT held that, contrary to UNRWA DT¡¯s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. UNAT held that UNRWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. UNAT held that UNRWA erred in its assessment of the Appellant¡¯s credibility, in particular...

MOn the issue of receivability, UNAT held that UNDT erred in concluding that the application was receivable in its entirety, as each of the three decisions taken on ALWOP were distinct and the Appellant failed to seek management evaluation of the first and second decisions. UNAT held the application was only receivable ratione materiae in respect of the third and last decision. UNAT held that UNDT¡¯s finding that no exceptional circumstances existed to warrant the extension of the Appellant¡¯s ALWOP was a material error of law. UNAT held that UNDT erred in concluding that 12 months ALWOP was...