UNAT affirmed the UNDT order denying revision. UNAT held that a change in law is not a “fact” contemplated by Article 12. 1 of the UNDT Statute. UNAT held that the issuance of new jurisprudence by UNAT is an issue of law, not of fact.
UNAT considered an appeal against judgment No. UNDT/2010/146 on compensation by the Secretary-General. UNAT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. UNAT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by UNDT no longer existed. UNAT dismissed the appeal (as unnecessary) and vacated the UNDT judgment.
UNAT held that UNDT could not suspend or waive the time limit to file an appeal more than three years after the applicant’s receipt of the contested administrative decision. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and upheld the UNDT judgment.
UNAT held that the contested decisions of the ICAO Council are not administrative decisions within the mandate of UNAT. UNAT held that these decisions are regulatory decisions that are not subject to review by UNAT. UNAT dismissed the appeal for want of subject-matter jurisdiction.
UNAT held that it was not competent to revise the judgments of the former UN Administration Tribunal. UNAT held that the appeal was not receivable and dismissed the application.
UNAT considered judgment Nos. UNDT/2009/052 and UNDT/2009/062. UNAT held that the appeal to the Joint Appeals Board was not filed within the time limits and that UNDT did not have jurisdiction to waive them. UNAT held that the application before UNDT was not receivable ratione temporis. UNAT dismissed the appeal and vacated the UNDT judgments.
UNAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the UNJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. UNAT held that the different treatment of IOM staff members was created by the General Assembly. UNAT noted that restoration is an exceptional benefit that cannot be extended by analogy. UNAT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the UNJSPB was...
UNAT considered appeals against UNDT judgment Nos. UNDT/2010/108 and UNDT/2010/109 jointly. UNAT held that UNDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. UNAT held that the Appellant did not demonstrate that the UNDT’s finding of fact was not supported by the evidence or that it was unreasonable. UNAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...
UNAT held that, in order for the Appellant’s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and UNAT held that it found no reason to reverse the finding of UNDT that there was no evidence of such a commitment. UNAT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. UNAT held that the need for translator services at UNAMI could...
UNAT recalled that access to the new system of administration of justice can be extended to persons who are not formally staff members but who can legitimately be entitled to rights similar to those of a staff member. UNAT held that this exception must be understood in a restrictive sense. UNAT held that interns have no access to the new system of administration of justice. UNAT dismissed the appeal.
