51ÁÔÆæ

UNAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. UNAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. UNAT held that UNDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

UNAT considered an appeal by the staff member. UNAT held that the evidence supported the conclusion that the decision not to appoint the Appellant was overall lawful and did not violate her rights. UNAT noted that the Appellant was not deprived of any significant chance of being promoted because there were other candidates ranked higher than her. UNAT held that the Appellant did not demonstrate any errors in the UNDT judgment regarding the merits of the administrative decision that would warrant UNAT¡¯s intervention. UNAT held that the Appellant did not demonstrate that she was not properly...

UNAT considered an appeal by the Secretary-General. UNAT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. UNAT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. UNAT...

UNAT, applying Bertucci (2010-UNAT-062), rejected as not receivable an interlocutory appeal against UNDT¡¯s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within UNDT¡¯s jurisdiction. The alleged lack of jurisdiction of UNDT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. UNAT further held that the appeal against UNDT¡¯s order for production of the OIOS...

UNAT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. UNAT held that UNDT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. UNAT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. UNAT dismissed the appeal and...

UNAT preliminarily held that the appeal was time-barred. UNAT held that even if the appeal was not time-barred, it would be dismissed on merits. UNAT was satisfied that the established facts showed that the Appellant engaged in misconduct warranting a disciplinary measure. UNAT held that the imposed sanction was proportionate to the offence. UNAT further held that the Appellant did not demonstrate any violation of her due process rights. UNAT dismissed the appeal and affirmed the impugned decision to demote the Appellant.

UNAT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. UNAT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. UNAT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, UNAT held that it...

UNAT affirmed the Commissioner-General¡¯s decision to terminate the staff member for misconduct. UNAT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. UNAT held that where termination of service is connected to any type of investigation of a staff member¡¯s possible misconduct, it must be reviewed as a disciplinary measure. UNAT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-UNAT-018 (Mahdi)

UNAT affirmed the UNJSPB¡¯s decision denying the staff member¡¯s request for restoration of her first participation period. UNAT found that the amended Article 24 of the UNJSPF¡¯s Regulations only allowed for restoration of a participant¡¯s most recent period of contributory service and that the staff member had requested restoration of a participation period which was not the most recent one.

UNAT considered the Appellant¡¯s appeal and had to determine: whether her marriage to the late former staff member was legally valid at the time of his separation from the Organisation in 1998; and whether the Organisation created a legal expectancy of acknowledgement of benefits to the Appellant. UNAT found that the former staff member¡¯s alleged divorce from his first wife was not legally valid because the authorities pronouncing it were not competent and did not apply the law under which the marriage had been concluded. It follows that his second marriage to the Appellant was not valid at the...