51ÁÔÆæ

Having proposed closure of the Kisangani site to the General Assembly and the corollary budgetary reductions, the Respondent proceeded with the implementation of his proposal. Rather than reduce the term of the Applicant¡¯s appointment, the Respondent opted instead to lighten the footprint in the Kisangani site by having those; whose services were no longer necessary to go home but without it affecting their benefits or entitlements. The natural consequence of this process was that the Applicant was left with no tasks to perform. While this may have been an unorthodox arrangement, nothing in...

The Tribunal understands that in light of HR¡¯s emails, the Applicant could have reasonably understood by mistake that his contract would be further extended pending proceedings in his cases before the Dispute Tribunal. As the Applicant did not request management evaluation within that deadline and waited until 22 June 2019, his application is not receivable.

The Tribunal found that the contested decision was unlawful based on the Respondent¡¯s admission that ¡°although there were legitimate reasons to abolish the Applicant¡¯s post, the decision to do so, which led to the non-extension of her appointment [¡­] was based, in part, on flawed considerations¡±. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. Remedies The Tribunal noted that the Applicant worked as an Operations Manager, at the NO-C level, in the UNICEF Morocco Country Office. She worked on a fixed-term appointment since February 2010...

The application was not receivable because the Applicant did not derive negative consequences from the putative error in the EOD date.

The Applicant failed to abide by several orders and did not respond to attempts from the Registry to contact him. Ther Tribunal, therefore, can only conclude that the Applicant is no longer interested in the pursuit and outcome of these legal proceedings, which must therefore be deemed to have been abandoned, and this matter therefore stands to be dismissed for want of prosecution.

UNAT considered an application for revision of judgment No. 2019-UNAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by UNAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required UNAT to revise its judgment. UNAT held that neither the remand order of UNAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

A telephone conversation that was suggestive of gender discrimination in the decision-making process and was raised by the Appellant in his application was ignored by UNDT. UNDT made an error in the procedure by failing to hold an oral hearing where witnesses could testify about that conversation. UNAT remanded the matter back to a different judge of the UNDT for the production of further evidence, additional findings of fact, and the issuance of a new judgment.

UNDT did not err in law or in fact when it found that the decision to abolish the post was lawful. However, in not providing reasons for its decision to commute the six-month notice period into compensation, the Organisation failed in its duty to demonstrate that its discretion was not exercised arbitrarily, capriciously, or unlawfully. The Administration failed to meet its burden to minimally demonstrate that the Appellant was given full and fair consideration. The Administration acted arbitrarily and thus failed to exercise its discretion lawfully. The termination of the Appellant¡¯s...

UNAT held that exceptional circumstances existed which warranted an extension of time. UNAT held that UNDT¡¯s discretion should have been exercised in the Appellant¡¯s favour because it affected access to justice and there is a presumption that access to justice should not be denied at the outset without compelling reasons, which were absent. UNAT held that circumstances beyond the Appellant¡¯s control prevented him from acting to file his appeal within the time limit and it would be unjust to visit upon the Appellant the consequences of an error (a fail in the electronic filing system) for which...

UNAT held that UNRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. UNAT held that UNRWA DT erred in declining the Appellant¡¯s implicit request for a hearing in person, at least without having considered it and given reasons. UNAT held that the termination of the Appellant¡¯s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. UNAT held that any opportunity of the Appellant¡¯s appointment to that vacancy had therefore passed, irrespective of her...

UNAT held that UNDT¡¯s language, which was strongly critical of the Appellant, was unwarranted. UNAT held that UNDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration¡¯s discretion, as the Appellant no longer met the requirements for it. UNAT held that the discontinuation of the SPA was justified in view of the Administration¡¯s obligation and right to correct such an erroneous situation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that there was no express rescission of the impugned decision by the Administration. UNAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. UNAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. UNAT held that UNDT erred in its decision, resulting in a manifestly unreasonable decision. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the matter to UNDT for proper...

UNAT held that UNRWA DT exercised its discretion lawfully to consolidate the cases. UNAT held that the impugned decisions were taken in good faith and on a reasonable basis. UNAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew the Limited Duration Contracts at the time. UNAT held that the Appellants' argument with regard to their acquired rights being violated was without merit. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellants failed to specifically identify the errors allegedly committed by the UNRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. UNAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. UNAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...

UNAT considered an application for execution of judgment No. 2017-UNAT-798 by Mr. Dibs. UNAT granted in part the application for execution of judgment and ordered UNRWA to fully execute the judgment within 30 calendar days, advising that failure 51ÁÔÆæ the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. UNAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.

UNAT considered two appeals (consolidated) by Mr ElShanti of judgment No. UNRWA/DT/2019/051 and judgment No. UNRWA/DT/2019/065 respectively. On the consolidation of the cases, UNAT held that UNRWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party¡¯s right to produce evidence. Accordingly, UNAT rejected Mr ElShanti¡¯s arguments against consolidation. UNAT held that there was no merit to Mr ElShanti¡¯s claims that the characterization of the impugned administrative decision was incorrect, noting that UNRWA...

UNAT denied the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. UNAT held, recalling the Spinardi jurisprudence (judgment No. 2019-UNAT-957), that the decision on the Appellant¡¯s complaints was not made utilizing a neutral first instance process as required jurisdictionally by Article 2. 10 of the UNAT Statute. UNAT noted that the appealed decision was made by the ICAO Secretary-General whose own earlier decision(s) the Appellant had challenged. UNAT allowed the appeal and set aside the ICAO Secretary-General¡¯s and/or the AJAB¡¯s...

UNAT held that the reason upon which UNDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. UNAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by UNDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the UNDT judgment. UNAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

As a preliminary matter, UNAT held that UNRWA DT exercised its discretion in consolidating the cases lawfully and appropriately. UNAT held the impugned decision was taken in good faith and on a reasonable basis. UNAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. UNAT held that the Appellants¡¯ claim that their acquired rights were violated was without merit. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. UNAT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. UNAT held that the established facts amounted to misconduct on the part of Mr. Nyawa. UNAT disagreed with UNDT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, UNAT found that UNDT¡¯s holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting UNAT intervention...