51ÁÔÆæ

UNAT held that UNDT had committed various errors of law, fact, and procedure. UNAT held that the whole reasoning of UNDT was misconstrued and UNDT did not properly examine the lawfulness of the disciplinary sanction. UNAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of UNFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another UNFPA vendor. Further, UNAT held that there was...

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...

The Appellant¡¯s appeal primarily challenged the decision of UNDT not to hold an oral hearing, purportedly denying him a fair trial and due process. UNAT noted that the reason for the decisions to temporarily limit the authority of the Applicant pending a management review was not in contention. UNAT held that the withdrawal of the delegations did not unduly detract from the Appellant¡¯s core functions, though his discretion to interact with various stakeholders was significantly restricted and he was constrained by a firmer level of accountability and closer scrutiny of his performance. UNAT...

UNAT held that the Administration was not under an obligation to pursue a recruitment procedure once begun by filling the post. UNAT held that the contested administrative decision not to carry the recruitment process through to appointment, but rather to readvertise, was a valid and lawful exercise of the Administration¡¯s discretion, based on sound reasons inextricably linked to the interest of the service, namely the situation in Burundi, the need for additional skills, and compliance with the relevant legal instruments governing the recruitment procedure. UNAT held that the contested...

UNAT held that the Appellant¡¯s request for management evaluation was time-barred and that UNDT correctly ruled that his application was not receivable ratione materiae. Whilst the Appellant could and did request further information about the recruitment exercise, such request did not in any way impact the statutory time limit contained in Staff Rule 11. 2(c). In addition, UNAT held that the additional evidence the Appellant sought to submit on appeal bore no relevance to the case and rejected his request. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT did not make any errors of law and fact when it concluded that the Administration, having issued the offer of appointment on the basis of a factual error to an ineligible candidate who was legally barred from being recruited, had a duty to withdraw the offer, as soon as the mistake was discovered; and that the Administration was legally precluded from issuing a letter of appointment to the Appellant. UNAT held that, on the basis that it had concluded that UNDT did not make any errors of law and fact, it was unnecessary to examine the other grounds of appeal advanced by the...

UNAT held that the appeal was entirely without merit. UNAT held that UNDT was correct to find that the facts supporting the disciplinary measure had been established and to conclude that those facts amounted to misconduct. UNAT supported the reasoning of UNDT in rejecting the Appellant¡¯s attempts at exoneration, namely that factors such as whether or not her husband was qualified for the job or the other candidate secured another position did not change the existence of a conflict of interest and the way in which the integrity of the process was compromised. UNAT held that UNDT correctly found...

UNAT held that the Appellant had demonstrated no exceptional circumstances which would justify UNAT exercising its discretion to file additional pleadings. UNAT held that an application before UNDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. UNAT held that the...

UNAT held that while the UNRWA DT decision could have had an indirect impact on the Appellant¡¯s terms of appointment or contract, a direct effect is needed in order to allow a staff member to contest an adverse administrative decision. UNAT held that the fact that UNRWA granted the change of modality of contract to the other individual did not have any bearing on the outcome of the UNRWA DT decision, because the application was dismissed on receivability grounds. UNAT held that UNRWA DT did not err in any of its factual findings resulting in a manifestly unreasonable decision. UNAT held that...

Noting that the position in question remained vacant, UNAT held that the decision to leave the position vacant was an exercise of the discretionary authority of UNRWA DT and that there was no procedural irregularity or error of law within the exercise of that discretion. UNAT held that the Appellant did not meet the required burden to be heard on appeal, namely, he failed to identify any of the prescribed grounds of appeal. UNAT held that the Appellant was estopped from raising new arguments on appeal with respect to priority consideration and facts on enrolment which were not argued before...