51ÁÔÆæ

UNAT held that, absent a request for waiver or extension of the time limits as well as any factors that would qualify as exceptional circumstances, the appeal was time-barred. UNAT dismissed the appeal as not receivable.

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. UNAT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. UNAT noted that this delay worked in Mr Nasrallah¡¯s favour, permitting him to benefit from two years¡¯ further service. UNAT...

UNAT considered an appeal by the Secretary-General limited to UNDT¡¯s competence with regards to the nature of the redress granted to Ms Farr. UNAT held that UNDT exceeded its competence in ordering that Ms Farr¡¯s name be placed on the roster because the legal consequence of the annulment of the selection procedure was restricted to placing the staff member in the same position she would have been in if the illegality had not occurred. UNAT held that, to afford Ms Farr proper redress, she should be allowed to take a second oral exam in French, with adequate assurances concerning the...

UNAT considered an application for revision of judgment No. 2011-UNAT-131 by Ms Cohen. UNAT held that none of the grounds for revision set forth by Ms Cohen met the requirements of Article 11(1) of the UNAT Statute or Article 24 of the UNAT Rules of Procedure. UNAT held that none of the grounds provided were new facts, but rather they were new legal arguments and an attempt by Ms Cohen to re-litigate her case and complain about UNAT reducing the compensation awarded. UNAT dismissed the application for revision.

UNAT considered an appeal by the Secretary-General. UNAT held that the reasons proffered by the Administration for not renewing Mr Pirnea¡¯s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. UNAT held that the UNDT¡¯s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea¡¯s appointment was based solely on speculation and that UNDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. UNAT noted that...

UNAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. UNAT held that UNRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that UNRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. UNAT upheld the UNRWA DT¡¯s determination as to the limits of its jurisdiction. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that as the Secretary-General had clearly established the UNDT¡¯s lack of jurisdiction, UNAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. UNAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. UNAT held that the appeal was receivable. On the merits, UNAT held that UNDT¡¯s finding that there was one...

UNAT held that the Appellant¡¯s submissions were largely a reiteration of his arguments before UNDT. UNAT held that UNDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. UNAT held that UNDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. UNAT held that the UNDT¡¯s findings that the advice given to the Appellant regarding uncertified sick leave was correct. UNAT held that the Appellant¡¯s allegation that...

UNAT considered an appeal by the Secretary-General. UNAT held that the weight of the evidence, in that case, justified the decision taken by UNICEF. UNAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to UNAT¡¯s satisfaction that...

UNAT rejected UNDT¡¯s finding and held that, pursuant to the Inter-Organisation Agreement (which states that service in the releasing Organisation will be counted as service in the receiving Organisation), the staff member¡¯s service with UNRWA should have been counted as service with the UN and that he thus met the service criterion for eligibility. UNAT upheld the appeal and remanded the case to the Administration to decide whether the staff member met the remaining criteria for conversion to a permanent appointment.