51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that Ms Bofill was not promoted as a result of the fact that the other candidates had scored higher than she had and she would not have been promoted even if the other candidates had not been promoted. UNAT held that the procedural irregularity had no impact on her non-promotion. UNAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. UNAT held that UNDT should neither have rescinded the...

UNAT held that the Appellant was unable to establish that her non-selection to the two posts was flawed, or that she was not given full and fair consideration during the selection process. UNAT noted that the Appellant¡¯s claim was that she faced general discrimination for many years, but that she pleaded this without demonstrating specific discrimination when she was denied the appointment. UNAT held that there is always a presumption that official acts have been regularly performed. UNAT held that proof of unsubstantiated allegations of general discrimination, in the form of two letters...

UNAT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. UNAT held that the appeal was receivable because UNDT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. UNAT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...

On the issue of receivability, UNAT noted that not taking a decision was also a decision. UNAT noted that the alleged discrimination was based on a comparison between the claimant and staff members of a different category, namely international staff members. UNAT held that the general principle of equal pay for equal work does not prevent a legislative body or the Administration from establishing different treatments for different categories of workers or staff members if the distinction is made on the basis of lawful goals. UNAT held that there was no discrimination when the non-payment of...

Although the Administration failed to take into account the Applicant¡¯s upgraded performance appraisal, UNAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. UNAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the UNAT Statute. UNAT allowed the appeal in part, modifying the UNDT...

UNAT considered an appeal by the Secretary-General. UNAT held that Mr Dualeh was not promoted as a result of the fact that the other candidates had scored higher than he had and he would not have been promoted even if the other candidates had not been promoted. UNAT held that the procedural irregularity had no impact on his non-promotion. UNAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. UNAT held that UNDT should neither have rescinded the...

UNAT held that the UNDT correctly held that the recommendations did not constitute administrative decisions subject to appeal. UNAT held that the Appellant had not demonstrated any error in the decision by UNDT that his application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered appeals of judgment Nos. UNDT/2010/075 and UNDT/2010/076. On the issue of being barred from the UNOV premises, UNAT noted that UNDT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, UNAT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. UNAT held that, as a holder of an SSA contract, the Appellant was no...

UNAT held that an irregularity in promotion procedures could only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance for promotion. UNAT held that there must be a link between the irregularity and the non-promotion decision. Thus, where the irregularity has no impact on the status of a staff member because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. UNAT upheld the appeal and vacated the UNDT judgment.

UNAT took into account that the Appellant only made his request some 29 months after the expiration of the deadline and that he did not submit any medical report. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and upheld the UNJSPB decision.