51ÁÔÆæ

UNAT found that UNDT had not addressed the Appellant¡¯s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellant¡¯s request for more time into an application. UNAT held that UNDT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant¡¯s due process rights. UNAT vacated the UNDT judgment and...

UNAT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. UNAT held that there was no merit in the Appellant¡¯s claim that UNRWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion configured an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a request...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was essentially an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such...

UNAT rejected the request for an oral hearing finding that an oral hearing was neither necessary nor would assist in the expeditious and fair disposal of the case. Regarding the Appellant¡¯s motion, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion. UNAT held that the motion was essentially an attempt by the Appellant to supplement arguments already made in her appeal submissions. UNAT denied the motion. Regarding the appeal¡¯s submissions, UNAT held that that UNDT had erred in law in rejecting the application on the basis that the Appellant¡¯s...

UNAT affirmed UNDT¡¯s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT¡¯s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

UNAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant¡¯s motion. UNAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that UNRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the UNRWA DT. UNAT upheld the order of UNRWA DT to rescind the contested...

UNAT considered the appeal by the Secretary-General. UNAT held that the lateral reassignment of a staff member, in this case, fell entirely within the discretion of the Administration. UNAT found no evidence of arbitrary and unlawful exercise of discretion in the appeal which could allow UNDT to pronounce on the discretion of the Administration. Finding no illegality and no evidence that the cancellation of the job opening had an adverse effect on the staff member¡¯s morale and professional reputation, UNAT vacated the award of compensation. UNAT upheld the appeal and vacated the UNDT judgment.

UNAT held that the Appellant had failed to submit his appeal to the AJAB in accordance with the time limits defined in ICAO¡¯s Field Service Staff Rules. UNAT held that a submission of an appeal of the administrative decision to AJAB was a mandatory step in the first-instance procedure. UNAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of an appellant which were not considered first by the AJAB as the ¡°neutral first instance process¡±. UNAT further held that the Appellant had failed 51ÁÔÆæ a mandatory step of the first instance...

UNAT held that, since the Appellant had not made an application to the UNRWA Internal Justice Committee on the issue of the recusal and conflict of interest, it would not permit the issue to be raised for the first time on appeal. UNAT held that the Appellant had failed to establish in his appeal that it was unreasonable for UNRWA DT to conclude that there was no evidence of bias in the decision to abolish his post. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT rejected the request for an oral hearing and the production of documents since there was no need for further clarification. UNAT held that the Appellant¡¯s contentions regarding the application of the Palestinian Labour Law No. 7 (2000) and the UNRWA DT¡¯s error in calculating the time limits were misconceived. UNAT held that, regarding the procedure and timeline involved in challenging administrative decisions, former UNWRA Area Staff Rule 111. 3, which was in effect at the material time when the Appellant¡¯s contract as a teacher was terminated, was applicable. UNAT agreed with the...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. UNAT held that the staff member¡¯s motion to remove immunity from certain staff members, should her appeal fail, was entirely misconceived, as such a request was entirely outside of the mandate of UNAT. UNAT dismissed the appeal against UNDT Order No. 133 (GVA/2015), finding that the Appellant had failed to present compelling grounds that UNDT had exceeded its jurisdiction in restricting its judicial review to a paper-only assessment and not...

UNAT found that UNDT did not address the staff members¡¯ requests for an extension of time and that instead had converted sua sponte the requests for an extension of time into ¡°incomplete¡± applications, adjudging the applications not receivable. UNAT held that UNDT had not afforded the staff members the opportunity to file an application. UNAT held that UNDT had exceeded its competence and jurisdiction and committed errors in procedure when it determined that the requests for an extension of time were the ¡°equivalent¡± of applications; inferred that the statements in the requests for an...

UNAT held that the 60-day time limit for an Appellant to request management evaluation from the contested decision began to run from the date of notification of the administrative decision and expired on 18 August 2014. UNAT pointed out that the Appellant submitted his request for management evaluation six months after the time limit had expired. UNAT held that UNDT was correct in finding that the Appellant¡¯s application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that the evidence showed that UNDT had correctly found that the administrative decision denying ASHI/MIP to the Appellant was communicated to her in an e-mail of 1 May 2014. UNAT agreed with UNDT that the e-mail of 27 May 2014 ¡°did not refer to any new fact or information¡± and was ¡°a mere confirmation of the earlier and unambiguous decision of 1 May 2014¡±. UNAT held that UNDT had not erred in law or fact resulting in a manifestly unreasonable decision when...

UNAT rejected the request for an oral hearing finding no need for further clarification of the issues. UNAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. UNAT agreed with UNRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. UNAT held that UNRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. UNAT dismissed the appeal and affirmed the

UNAT held that UNRWA DT had correctly determined that the Appellant had failed 51ÁÔÆæ the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. UNAT held that the Appellant had never sought review of the decision to separate him from service, failing 51ÁÔÆæ Article 8.1(c) of the UNRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. UNAT affirmed UNRWA DT¡¯s finding...

UNAT considered the appeal by the UNRWA Commissioner-General. UNAT confirmed the findings and conclusions of the UNRWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member¡¯s complaints. UNAT held that UNRWA DT had thoroughly conducted the judicial review of the challenged administrative decision. UNAT held that UNRWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. UNAT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...

UNAT considered the appeal by the Secretary-General. UNAT held that despite acknowledging that under UNAT¡¯s jurisprudence, a rebuttal panel is not a technical body, UNDT declined to follow its jurisprudence. UNAT held that UNDT had erred by waiving the management evaluation as a receivability requirement. UNAT held that UNDT exceeded its jurisdiction, and made an error of law when it received an application, which was not receivable ratione materiae. UNAT upheld the appeal was upheld and vacated the UNDT judgment in its entirety.