51ÁÔÆæ

UNAT considered appeals of both judgment Nos. UNRWA/DT/2014/026 (judgment on the merits) and UNRWA/DT/2014/051 (judgment on revision). UNAT held that the appeal against the judgment on the merits was filed out of time and was not receivable. UNAT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by UNRWA DT. UNAT held that the appeal constituted an impermissible attempt to reargue the merits of the case. UNAT held that the fact upon which the Appellant had based his revision application did...

UNAT considered an appeal by Mr Survo and an appeal by the Secretary-General. UNAT held that UNDT had not erred in the procedure, including in its findings regarding receivability. UNAT held that UNDT had not erred in law in relation to the matters raised by Mr Survo. UNAT held that UNDT had not erred on a question of fact such as to render the decision of UNDT manifestly unreasonable. On the Secretary-General¡¯s appeal of the Special Post Allowance (SPA) issue, UNAT held that UNAT had no primary legal or factual basis from which it could conclude that Mr Survo had properly sought management...

UNAT noted that, despite its Registry¡¯s request for the Appellant to file an appeal brief, the Appellant failed to do so. UNAT noted that the Appellant was given the opportunity to improve his performance through the further extension of his appointment for an additional six months, but his performance had still not improved. UNAT held that there was no error in the conclusion of UNRWA DT that both the initial decision to extend the Appellant¡¯s probationary period and the subsequent decision not to confirm his appointment were in compliance with his letter of appointment and UNRWA¡¯s regulatory...

UNAT considered the Appellant¡¯s claim that UNDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. UNAT held that UNDT did not commit any error of procedure so as to affect the outcome of the present case. UNAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of UNDT and do...

UNAT considered an appeal by the Appellant of judgment No. UNRWA/DT/2015/003. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member¡¯s claim and rights, solving the previous irregularity. UNAT noted that the Appellant¡¯s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law and fact in ordering the refund of the recovery of the overpayments for two months. UNAT held that Ms Ten Have was aware of the overpayment in April 2013 and therefore, the general rule of Section 3. 1 of ST/AI//2009/1 was applicable and the recovery of the two months overpayments was not excessive since the limit of two years could not be applied due to the staff member¡¯s awareness of the overpayments as of April 2013, regardless of her previous ignorance or bona fide. UNAT also held that as no request for...

UNAT held that the allegations of irregularity raised by the Appellant were supported by evidence. UNAT noted that it was hard to comprehend how the Appellant¡¯s post suddenly became redundant when at the same time around 75 per cent of its functions were to be transferred to a consultant. UNAT further noted that even though the new organisational structure was not approved until September 2013, as early as June 2013, the abolition of the Appellant¡¯s post had already been decided and was communicated to him by his supervisor, against whom the Appellant filed a complaint of abuse of power. UNAT...

UNAT held that it was disingenuous for UNRWA to suggest that the Appellant¡¯s transfer application was considered in the same manner as the two candidates who were selected from the roster. UNAT held that UNRWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant¡¯s due process entitlements. UNAT held that UNRWA DT erred in law in relying on the authority of the Director of UNRWA Affairs, Lebanon, to reject the Appellant¡¯s application for assignment. UNAT did not uphold the contention that the Appellant had a legitimate...

UNAT considered an appeal by the Secretary-General. UNAT found merit in the Secretary-General¡¯s submission that UNDT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...

On the Appellant¡¯s claim that UNDT erred in failing to hold an oral hearing, UNAT held that UNDT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. UNAT held that UNDT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...

UNAT refused the Appellant¡¯s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to UNDT. UNAT held that UNDT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. UNAT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his UNDT application, and by corollary should then have removed the written reprimand and all reference to it...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. UNAT held that UNDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. UNAT held that the adverse effect on Mr Alobwede was not supported by evidence. UNAT held that the ICTR Registrar¡¯s decision was lawful, and UNDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. UNAT held that UNDT erred in the level of award. UNAT held that the Secretary...

UNAT had before it an appeal by the staff member limited to the award of compensation. UNAT noted that UNRWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. UNAT held that there was no error in this regard. UNAT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, UNRWA DT was conscious of the Appellant¡¯s claims for loss of opportunity. UNAT held that, in view of...

UNAT held that it could find no fault with the UNDT¡¯s conclusion that the application was not receivable ratione materiae, which accorded with UNAT¡¯s jurisprudence. UNAT held that, since that ground was sufficient to affirm the UNDT judgment and to dismiss the appeal, there was no need for it to determine whether the application before UNDT challenged a specific implied administrative decision on the part of UNICEF or whether the Appellant was merely making general complaints about UNICEF¡¯s failure to protect him. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. UNAT held that the procedural errors did not amount to an abuse of power. UNAT held that absent an abuse of power, the compensation for moral damages had to be vacated. UNAT granted the appeal, rejected the cross-appeal, and vacated the UNRWA DT judgment in its entirety.

UNAT had before it the Secretary-General¡¯s appeal against judgment Nos. UNDT/2013/004 (judgment on receivability) and UNDT/2013/128 (judgment on the merits). UNAT held that there was no reason to upset the UNDT¡¯s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. UNAT held, affirming UNDT¡¯s finding, that the Applicant¡¯s application was receivable by UNDT. Noting that the Applicant commenced employment with UNICEF less than three months after her separation and with no reduction in level or step from her previous role, UNAT...

UNAT affirmed UNDT¡¯s finding that the staff member¡¯s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the UNDT Statute and Staff Rule 11.2(a). UNAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...

UNAT considered an appeal against Order No. 057 (UNRWA/DT/2014) and judgment No. UNRWA/DT/2014/027. UNAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the UNRWA DT judgment and affirmed UNRWA DT¡¯s reasoning. UNAT denied the Appellant¡¯s request to submit new evidence to UNAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. UNAT held that it was for UNRWA DT to consider that it...

UNAT held that the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. UNAT held that UNDT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. UNAT held that UNDT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...

UNAT held that UNDT¡¯s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. UNAT held that UNDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that UNDT was unable to find any such evidence, UNAT held that the Appellant¡¯s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. UNAT held that it was satisfied that UNDT¡¯s...