51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. UNAT held that UNDT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. UNAT held that UNDT contradicted UNAT¡¯s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...

On the question of the non-renewal of appointment, UNAT held that UNDT correctly concluded that (1) the Appellant¡¯s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant¡¯s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the ¡°decision¡± of the Administration to place adverse material in the Appellant¡¯s official status file and to block him from being rehired, UNAT held there was no final, appealable...

On the matter of the deduction of 7,000 Euros paid to the Appellant¡¯s ex-wife from his final emoluments, UNAT agreed with the UNDT¡¯s finding that the Appellant¡¯s application was not receivable ratione materiae, although for different reasons than those given by UNDT. UNAT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. UNAT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final...

UNAT held that it was not satisfied that the essential elements were present to enable UNAT to exercise its jurisdiction within the meaning of Article 2(10) of the UNAT Statute in regard to the decision of IMO SAB. UNAT held that in this case, even if the SAB issued decision, it was nevertheless only advisory or recommendatory. UNAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer¡¯s representative and the original decision-maker. UNAT held that it was the Secretary-General of IMO, who was not a...

UNAT held that the case was fully and fairly considered by UNDT. UNAT found no error of law or fact in the UNDT decision. UNAT held that UNDT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. UNAT held that there was no error of fact resulting in a manifestly unreasonable decision. UNAT held that the UNDT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by UNAT. UNAT...

UNAT held that UNDT did not err that, in the circumstances of the complaints made and the importance of the Appellant¡¯s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. UNAT held that UNDT ought not to have relied upon Morsy (judgment No. 2013-UNAT-298), Assale (judgment No. 2015-UNAT-534), and Sarwar (judgment No. 2017-UNAT-757) as it did. UNAT noted that in the Appellant¡¯s case, not only was there a performance-related justification required to be established but no proper...

UNAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. UNAT held that because the factual basis for the JAB¡¯s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. UNAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...

UNAT held that the consideration of transferable skills as a criterion for future permanent appointment for staff members serving in a downsizing entity is a relevant factor and a legitimate consideration because the finite mandate of the International Criminal Court for the Former Yugoslavia (ICTY) meant that such staff members had no realistic career prospects in that entity. UNAT held that there was a rational basis for the denial of permanent appointments for the language staff (professional and general service) given the winding down of ICTY and the diminishing need for Bosnian, Croatian...

As a preliminary matter, UNAT declined the Appellants¡¯ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants¡¯ argument that UNAT had erred previously in establishing the criteria in permanent appointment conversion cases, UNAT noted that they were effectively requesting a revision of two previous UNAT judgments and held that they were time-barred from doing so. UNAT held that the criteria in permanent appointment conversion cases, as previously...

The UNDT judgment was appealed by the Secretary-General. UNAT held that UNDT did not exceed the scope of judicial review by reviewing the facts and concluding that there was sufficient evidence of inebriation but concluding there was a lower level of alcohol consumed based on the breathalyzer result. UNAT held that UNDT correctly balanced the competing considerations and concluded reasonably that the imposition of the sanction of separation from service with compensation in lieu of notice and termination indemnity was disproportionate to the misconduct. UNAT held that the fact that the...