51ÁÔÆæ

UNAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. UNAT denied the Appellant¡¯s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. UNAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. UNAT held that the UNDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. UNAT held that UNDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

UNAT considered an application for revision of judgment filed by Mr Mbaigolmem. UNAT held that Mr Mbaigolmem had to prove that he had discovered a decisive fact that was unknown to both him and UNAT at the time of judgment. UNAT held that Mr Mbaigolmem had failed to establish an unknown decisive fact that could warrant revision of the judgment. UNAT dismissed the application for revision of judgment.

UNAT held that UNDT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). UNAT upheld the appeal, vacated and modified the UNDT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant¡¯s application for mobility allowance.

UNAT noted that under the provisions of Staff Rule 1. 2(b), staff members must comply with local laws and honour their private legal obligations, including, but not limited to, the obligation to honour orders of competent courts. However, the ST/SGB/1999/4 legal framework has to be interpreted within the context of the authorizing Staff Rule 3. 18(c)(iii), which grants the Administration discretionary authority, as is reflected in the use of the word ¡°may¡± in it, to make a proper and fair decision, in cases of indebtedness to third parties, under the proviso that a deduction for this purpose...

UNAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. UNAT held that accounting for factors such as UNAMID¡¯s scorecard with respect to gender targets and the selected candidate¡¯s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General¡¯s discretion to do so. UNAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. UNAT held that the Appellant was unable to show through clear and...

UNAT considered whether exceptional circumstances should apply to the Appellant¡¯s appeal, under Article 8(3) of the UNDT Statute. UNAT held that UNDT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. UNAT held that UNDT did not err in finding that the application was not receivable. UNAT dismissed the appeal.

UNAT considered whether UNRWA DT erred in finding that the Agency correctly decided not to transfer the Appellant to the post in question. UNAT held that the issue of whether the Agency has an obligation to contact all staff members who made a transfer request is not receivable because it was not raised before UNRWA DT. UNAT held that the Appellant¡¯s complaint required factual findings in order to ascertain whether the claim was meritorious, and UNRWA DT did not make such findings. UNAT upheld the appeal, vacated UNRWA/DT/2018/026, and remanded the issue of whether the Administration fulfilled...

UNAT held that UNDT erroneously awarded the Appellant moral damages because she did not produce any corroborating evidence to support the contention that harm had occurred. However, UNAT held that the award for moral damages would stand since the Secretary-General had not appealed the UNDT judgment. UNAT held that there is no corroborating evidence to support the Appellant¡¯s claim for damages to ¡°restore her professional, physical and emotional suffering¡± and for ¡°irregularities and ignorance. ¡± The appeal could not succeed on those claims. UNAT also held that a referral for accountability is...

UNAT considered the Appellant¡¯s appeal. UNAT considered the criteria set out in Article 2 of the UNAT Statute to determine whether any alleged errors of law and fact resulted in a manifestly unreasonable decision. UNAT found that there was no evidence that the decision to abolish the post encumbered by the Appellant was unlawful. UNAT also found that UNRWA DT¡¯s decision was correctly based on the applicable law and available evidence. To that end, UNAT held that the Appellant failed to establish that the UNRWA DT committed any error, whether of law, fact, or procedure. UNAT further noted that...

UNAT considered the receivability of the issue of non-renewal and whether UNDT erred in rejecting the Appellant¡¯s claim that his candidacy for the relevant post had not been given full and fair consideration. UNAT referenced Staff Rule 11. 2(a), which provides that it is an established principle that a request for management evaluation is the first step in the appeal process of an administrative decision. UNAT further noted that UNDT has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of review. UNAT found no fault...

UNAT considered the Appellant¡¯s motion for leave to file additional pleadings and the appeal. UNAT noted that neither the UNAT Statute nor the UNAT RoP provide for an appellant to file an additional pleading after the respondent has filed an answer. UNAT also noted that Article 31(1) of the RoP and Section II. A. 3 of Practice Direction No. 1 of the Appeals Tribunal allow the Appeals Tribunal to grant a party¡¯s motion to file additional pleadings only if there are exceptional circumstances justifying the motion. UNAT held that the Appellant did not demonstrate any exceptional circumstances...

UNAT held that UNDT erred in finding the Hiring Manuals binding on the Administration, nonetheless, confirming that the Hiring Manager¡¯s reliance on the shortlist prepared by the CSS/OSU constituted a procedural irregularity in terms of Section 7. 4 of ST/AI/2010/3, which undisputedly enjoys binding legal authority. UNAT held that such irregularities only result in the rescission of a non-selection decision or of the decision not to shortlist a candidate in case the candidate had a significant chance, which could not be verified in this case, the same logic being applicable to compensation for...

UNAT rejected the Appellant¡¯s request for an oral hearing. UNAT held that UNRWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter¡¯s employment situation. UNAT held that UNRWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant¡¯s request for SLWOP and, consequently, that there had not...

UNAT considered the appeal by the Secretary-General. UNAT held that the Secretary-General¡¯s appeal was in direct conflict with his submissions to UNDT. While the Secretary-General acknowledged procedural irregularities by the Hiring Manager to UNDT, in his appeal he argued that no irregularities happened in removing the Applicant¡¯s name from the list and that the Hiring Manager was entitled to exercise her discretion and correct her mistakes after further assessing the candidate¡¯s qualifications. UNAT held that no evidence was presented to UNDT of a second assessment by the Hiring Manager or...

UNAT considered the content of the Appellant¡¯s appeal, the UNRWA DT judgment, and the Appellant¡¯s request for compensation for material and moral damages and costs. UNAT found that the Appellant¡¯s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. UNAT also held that there was no error in the UNRWA DT¡¯s findings that the Administration¡¯s decision not to confirm the Appellant¡¯s appointment was solely based on his performance and that his allegations of harassment and discrimination...

UNAT rejected the request for an oral hearing. UNAT held, noting that the Appellant appeared to be restating the same claims she made before UNDT, that she did not identify any grounds for her appeal nor demonstrate that UNDT committed any error of fact or law in arriving at its decision. UNAT held that UNDT fully and fairly considered the case, without errors of law or fact. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT rejected the request for an oral hearing. UNAT held that there was no merit in the Appellant¡¯s claim that he should be considered a UN staff member because he worked with UNOPS for over three years. UNAT concluded that UNDT correctly decided that the application was not receivable ratione personae. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. UNAT was satisfied that the AJAB had considered all relevant evidence to the issues. UNAT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.

UNDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. UNAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...

The only issue in contention in this appeal is whether the UNDT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. UNAT found that UNDT based the award of compensation for harm both on the evidence produced by the individual and what it described as ¡°pre-existing distress that the individual was already suffering from¡± which ¡°was exacerbated by the unlawful decision to refuse his request¡± to investigate the allegations of discrimination. UNDT was to determine whether Mr. Kebede...