51ÁÔÆæ

UNAT held that UNDT did not exceed its jurisdiction by confirming that an appeal against the Order had no suspending effect and issuing a judgment on the merits while an appeal against the contested order was still pending with UNAT. UNAT held that UNDT did not err in declining to hold an additional case management discussion or to consider additional evidence as the Appellant failed to provide an adequate and convincing reason why his requests for further evidence or new case management discussion were not made earlier in the process as well as the relevancy of the evidence on the...

UNAT affirmed UNDT¡¯s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. UNAT further affirmed UNDT¡¯s position that the Appellant¡¯s request for management evaluation was time-barred. UNAT, however, noted that UNDT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. UNAT further noted that this error by UNDT did not adversely affect...

UNAT held that the Appellant did not contest the decision to separate her from the Organisation, thus the SAB was not seized with her separation and her appeal on that issue was not receivable. UNAT held that the Appellant¡¯s claims for compensation for pain, suffering, and medical expenses were beyond the scope of the case and therefore not receivable. UNAT held that the IMO Secretary-General¡¯s decision to place the Appellant on sick leave was based on sound medical evidence which was not rebutted at the time and that there was no basis to set aside that decision. UNAT held there was no basis...

UNAT held that UNDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. UNAT held that, regarding the question of whether UNDT failed to address the Appellant¡¯s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that UNDT erred in fact or in law about this issue. UNAT held, however, that UNDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr. D R-B, given that the selected...

UNAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. UNAT waived the deadline for appeal and held the appeal to be receivable. UNAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before UNDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant¡¯s claims relating to the use of and access to the closed-circuit television (CCTV) video...

On the Applicant¡¯s claim that UNDT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, UNAT held that UNDT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. UNAT held that UNDT¡¯s conclusions were consistent with the evidence. UNAT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. UNAT dismissed the appeal and affirmed the...

As a preliminary matter, UNAT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst UNAT held that the Appellant failed to identify any errors of law or fact by UNRWA DT as required under Art 2(1) UNAT Statute, UNAT did go on to consider his appeal as he was not represented. UNAT held that UNRWA DT had correctly applied the standard of review for disciplinary cases and that UNRWA DT¡¯s exercise...

UNAT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant¡¯s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. UNAT held that UNDT did not make any errors of law or fact in dismissing the Appellant¡¯s challenge of the decision not to consider or select him for the position. UNAT dismissed the appeal and affirmed the...

UNAT held that there was nothing in the applicable law in force at the time of the events which formed a basis for the Administration¡¯s practice of removing the candidates¡¯ names from the language roster once they had been recruited or placed against a position. UNAT held that the removal of a candidate from the roster prevented the Administration from evaluating and reassigning or selecting a candidate for a similar post in another duty station. UNAT held that the Appellant¡¯s removal from the roster adversely impacted his potential ability for mobility and for obtaining additional incentives...

UNAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before UNDT for its consideration, UNAT should not consider them. UNAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. UNAT held that UNDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant¡¯s fixed-term appointment. UNAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...