51ÁÔÆæ

The UNAT held that the staff member did not seek an interim measure for temporary relief which was consistent with the UNDT Judgment; on the contrary, he sought the opposite, i.e., anonymization which the Dispute Tribunal and the Appeals Tribunal had not granted him. The UNAT also found that the prior UNAT Judgment was res judicata as to the question of anonymity and could be reversed, if at all, only through a revision of judgment. The UNAT denied the staff member¡¯s motion for interim measures.

The UNAT found that the presented reasons for an extension did not qualify as exceptional circumstances and did not necessitate an extension in the interest of justice. The UNAT denied the motion for an extension of the time limit to file the appeal.

The UNAT held that the motion was not receivable because the impugned Order was not appealable and the UNDT had acted within its competence and jurisdiction in finding that the non-renewal decision had been prima facie lawful. The UNAT found that the staff member¡¯s request for reinstatement to his previous position could be considered as ¡°temporary relief to prevent irreparable harm¡± but it was instead an interlocutory appeal of the denial of the suspension of action which was not permitted. The UNAT also noted that granting the staff member¡¯s request would not maintain consistency with the...

The UNAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the UNAT to reject it. The UNAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The UNAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.

The UNAT was of the view that the request for execution relied on the staff member¡¯s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The UNAT further noted that the Judgment had...

The UNAT held that the former staff member had a duty to promptly disclose to UNFPA that she was under investigation when she resigned from Oxfam¨Ca fact that it considered relevant to her suitability for the position. It noted that the application form included a specific question about whether she resigned while under investigation, indicating her awareness of the Organisation¡¯s core values. The UNAT also emphasized that her letter of appointment stated that she was responsible for providing any required information during both the application process and subsequent employment.

The UNAT...

The UNAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The UNAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The UNAT concluded that the UNDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The UNAT was of the view that it was unclear what Covid-19...

The UNAT noted that the Agency had removed the disputed Note from the staff member¡¯s Official Status File and provided him with his requested certificate of service and performance evaluations. The UNAT found that the appeal in the respective part had therefore become moot.

The UNAT held that even if the issue were not moot, it was not persuaded that the UNWRA DT had exercised its discretion injudiciously or otherwise erred. The UNAT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first UNRWA DT Judgment.

The UNAT found that the staff...

The UNAT held that the UNDT correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.

With respect to the compensation awarded, the UNAT affirmed the UNDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...

The UNAT held that, since the purpose of compensation in lieu is to place a staff member in the same position he or she would have been had the Organization complied with its contractual obligations, the net base salary to be paid in accordance with the UNAT Judgment was the net base salary that the former staff member would have earned at the date of the contested decision and his separation from service, namely 20 May 2021. Therefore, the UNAT concluded that the Secretary-General¡¯s calculation of two years¡¯ net base salary was appropriate.

The UNAT further held that the deductions made for...

The UNAT found that the staff member had filed his appeal more than a year after the issuance of the UNDT Judgment and even if he had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred and not receivable ratione temporis.

The UNAT nevertheless noted that the staff member¡¯s application filed with the UNDT was not receivable under the doctrine of res judicata because the UNAT had already affirmed in its earlier judgment a UNDT judgment deciding his challenge to the same administrative decision.

The UNAT found that the staff member sought to...