51ÁÔÆæ

UNAT considered an appeal by the Secretary-General. UNAT held that the UNDT¡¯s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. UNAT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi¡¯s...

UNAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

UNAT held that UNDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. UNAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. UNAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. UNAT held that UNDT committed no error of law, fact, or...

UNAT held that UNRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. UNAT found no reason to differ from the conclusion of UNRWA DT, that UNRWA could not have considered the Appellant as having the requisite international experience. UNAT held that UNRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. UNAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. UNAT held that the...

On the Appellant¡¯s claim for his name not to appear in the UNAT judgment, UNAT held that, due to the fact that his name had been in the public domain for a long time as a result of the publication of many court documents related to his cases before UNDT and UNAT, it would be pointless to order redaction. UNAT held that the Appellant failed to give any compelling reason as to why confidentiality should be granted and denied his request for confidentiality. UNAT held that UNDT fully and fairly considered the merits of his case and was in no doubt as to its substance. UNAT held that there was no...

UNAT found no error in the UNRWA DT finding that the application was not receivable ratione temporis. UNAT rejected the Appellant¡¯s contention that UNRWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of UNRWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the UNRWA DT Statute prevents UNRWA DT from receiving a case which...

UNAT held, agreeing with UNDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. UNAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. UNAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

UNAT considered Mr Onifade¡¯s application for revision of judgment No. 2016-UNAT-668. UNAT held that there was no evidence before it to support the application. UNAT held that Mr Onifade had failed to show that the first MOP form was unknown to him at the time the judgment was rendered and he had presented no decisive fact which was, at the time the judgment was rendered, unknown to him and UNAT. UNAT held that the application did not meet the criteria established under Article 11(1) of the UNAT Statute and Article 24 of the UNAT RoP. UNAT held that the application had no merit and dismissed it...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. UNAT held, agreeing with UNDT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, UNAT dismissed the cross-appeal. UNAT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. UNAT held that, apart from the direct link between the manipulation of the bottle of wine by...

UNAT held that the Appellant¡¯s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. UNAT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. UNAT noted that UNFCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. UNAT found no fault in UNDT¡¯s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the...

UNAT rejected the argument that the written test should have been prepared by the Hiring Manager, and not the direct supervisor of the position. UNAT held, in agreement with the UNDT¡¯s conclusion, that the Appellant had failed to show that the Hiring Manager¡¯s intervention in the preparation of the written test resulted in her non-selection for the contested post. UNAT held that the Appellant¡¯s claim was fully and fairly considered by UNDT. UNAT found no fault in UNDT¡¯s finding that the design, conduct, and evaluation of the written test did not constitute a violation of the Appellant¡¯s right...

ArUNAT held that UNRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, UNAT held that UNRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. UNAT held that the inference drawn by UNRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...

UNAT agreed with UNRWA DT¡¯s finding. UNAT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. UNAT accepted the UNRWA DT¡¯s finding that there was a genuine redundancy situation. UNAT held that there was no evidence before it to support the Appellant¡¯s contention that UNRWA DT erred in law. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that there was no evidence before it to support the contention that UNRWA DT erred in law. UNAT upheld the findings of UNRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. UNAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. UNAT found no procedural irregularity or any error in law on the part of UNRWA DT...

UNAT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by UNRWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. UNAT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant¡¯s post. UNAT held that UNRWA DT properly treated the question of the Appellant¡¯s additional work in light of PD A/3 related to the parallel education programme...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr. Crotty¡¯s application receivable. UNAT held that in light of UNDT¡¯s error in receiving the application, the UNDT¡¯s...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Alsado¡¯s application receivable. UNAT held that in light of the UNDT¡¯s error in receiving the application, the UNDT¡¯s...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Wright¡¯s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Wright¡¯s application receivable. UNAT held that in light of the UNDT¡¯s error in receiving the application, the UNDT¡¯s...