51ÁÔÆæ

UNAT held that the appeal was entirely without merit. UNAT held that UNDT was correct to find that the facts supporting the disciplinary measure had been established and to conclude that those facts amounted to misconduct. UNAT supported the reasoning of UNDT in rejecting the Appellant¡¯s attempts at exoneration, namely that factors such as whether or not her husband was qualified for the job or the other candidate secured another position did not change the existence of a conflict of interest and the way in which the integrity of the process was compromised. UNAT held that UNDT correctly found...

UNAT held that the Appellant had demonstrated no exceptional circumstances which would justify UNAT exercising its discretion to file additional pleadings. UNAT held that an application before UNDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. UNAT held that the...

UNAT held that while the UNRWA DT decision could have had an indirect impact on the Appellant¡¯s terms of appointment or contract, a direct effect is needed in order to allow a staff member to contest an adverse administrative decision. UNAT held that the fact that UNRWA granted the change of modality of contract to the other individual did not have any bearing on the outcome of the UNRWA DT decision, because the application was dismissed on receivability grounds. UNAT held that UNRWA DT did not err in any of its factual findings resulting in a manifestly unreasonable decision. UNAT held that...

As a preliminary issue, UNAT held that the new evidence attached to the cross-appeal by the Respondent (the Appellant on Cross-Appeal and the Applicant before UNDT) was not admissible. On the receivability of the cross-appeal, UNAT held that it was not receivable since the Respondent was the prevailing party at the first instance level and he does not claim to broaden the order of UNDT, but just to maintain it by means of an additional argument that has already been rejected by UNDT. UNAT held that UNDT did not err in its judgment, although UNAT differed in its reasoning. UNAT held that the...

UNAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that UNDT should have only received her application against the selection decision. UNAT held that the appeal was defective in that the Appellant did not clearly define the grounds of appeal as required under Article 2. 1 of the UNAT Statute, however, UNAT considered the appeal on the basis that the Appellant was self-represented. UNAT rejected the Appellant¡¯s allegation that the case management of UNDT was flawed. UNAT held that the re...

UNAT held that it was unable to undertake a proper review of the case since the audio recording of the UNDT proceedings contained the final submissions of both counsels, but not the testimony of the two witnesses and the Appellant. UNAT held that UNDT erred in rejecting the Appellant¡¯s request for documents relating to the calculation of reasonable and customary expenses as to whether the Administration properly calculated ¡°reasonable and customary¡± expenses was a central issue in contention and was addressed extensively by the UNDT in its judgment. UNAT remanded the case to UNDT for a de novo...

UNAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that UNDT should have only received her application against the selection decision whilst the decision not to short-list the Appellant is examined as a part of the final non-selection decision. UNAT held that the appeal was defective as the Appellant did not clearly define the grounds of appeal as required under Article 2(1) of the UNAT Statute, however it considered the appeal on the basis that the Appellant was self-represented. UNAT rejected...

UNAT agreed with UNRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, UNAT held that, contrary to UNRWA DT¡¯s finding, the Administration has the discretion to deny a request to extend a staff member¡¯s service beyond retirement only in exceptional cases and on account of the interests of UNRWA, which must be reflected clearly and precisely in the reasoning for the decision. UNAT held...

UNAT considered both an appeal from the Secretary-General and an appeal from Mr Ross. UNAT considered Mr Ross¡¯s request for consideration by a full bench and held that he had no standing to make such a request and that the case did not raise any significant question of law in relation to the evidentiary standard of proof of moral damages. UNAT held that any irregularity (procedural or substantive) in promotion cases will only give rise to an entitlement to rescission or compensation if the staff member has a significant or foreseeable chance for promotion. UNAT held that the UNDT did not err...

UNAT considered an appeal by the Secretary-General. On receivability, UNAT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, UNAT held that UNDT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. UNAT held that UNDT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit...

UNAT held that the first time the Appellant¡¯s claim for implementation of the sanction (an apology to the Appellant) was raised was on appeal and that it was therefore not receivable, however, UNAT held that the Appellant was not barred from requesting UNRWA to enforce its letter of censure. On the Appellant¡¯s claim for moral damages, UNAT found no error in UNRWA DT¡¯s order denying the Appellant¡¯s request for moral damages since there was no evidence of harm. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered all the grounds of the appeal and held that the issue of whether the Appellant¡¯s application was pre-screened by a Human Resources Officer was irrelevant to determine whether his candidature received full and fair consideration. UNAT held that the main issue for its determination was whether, at the time of application, the Inspira system had provided all of the correct options to the Appellant. UNAT held that this was a factual determination which, without relevant evidence, could not be made. UNAT held that UNDT failed to enquire as to what options were available in the...

UNAT considered the Secretary-General¡¯s appeal and Ms Kortes¡¯ cross-appeal. UNAT held that the issue was whether UNDT erred in concluding that the Administration was estopped from correcting its mistake by finding that Ms Kortes was not eligible for ASHI, having advised her in 2011 that she could not avail herself of the buy-in option. Noting that the Administration¡¯s error was to inform Ms Kortes that she could buy-in to ASHI, based on a misunderstanding of the date she joined the Organisation, UNAT held that UNDT committed an error of law in coming to its conclusion that five years was...

UNAT held that UNDT erred in finding that the erroneous requirement for a perfect command of English vitiated the entire recruitment process, noting that it was a typographic error and corrective measures were taken by conducting a manual review of the personal history profile of each candidate. UNAT held that UNDT erred in its finding that the selection process was unlawful and lacked transparency. UNAT held that the need for the factual determination of all of the evidence related to the roster, placement, and removal of candidates required that the instant case be remanded to the UNDT. UNAT...

The Applicant was charged with having engaged in misconduct, namely: cheating and helping others cheat in the psychometric and English language tests of the Entry-Level Humanitarian Professional Programme (EHP). The Tribunal pronouncements are reflected following the different steps in the analysis of the contested decision. Have the facts on which the disciplinary measure was based been established? The Tribunal found that the investigation report clearly stated the facts and the alleged misconduct. It also provided substantial and critical assessment of the evidence presented to the...

The Applicant was charged with having engaged in two acts of misconduct, namely: cheating and helping others cheat in the psychometric and English language tests of the Entry-Level Humanitarian Professional Programme (EHP). The Tribunal pronouncements are reflected following the different steps in the analysis of the contested decision. Have the facts on which the disciplinary measure was based been established? The Tribunal found that the investigation report clearly stated the facts and the alleged misconduct. It also provided substantial and critical assessment of the evidence presented to...

In all the circumstances, the Tribunal finds it has no competency to disturb the award in the judgment, as the Tribunal has already rejected the revision application in Judgment No. UNDT/2019/016. The Tribunal finds that justice would be better served for these matters to be considered by the Appeals Tribunal as there is a further issue that complicates the assessment of compensation herein in light of changed circumstances or new facts.

The Tribunal finds the Respondent¡¯s application for interpretation as an attempt to have the Tribunal re-examine its Order, which is not a proper way to seek a reversal or modification of the Tribunal¡¯s Order. As the Appeals Tribunal clearly stated, the exercise of interpretation under art. 30 of the Dispute Tribunal¡¯s Rules of Procedure is not an avenue for review or the basis for a fresh judgment. It goes without saying that the motion is not receivable and must be dismissed. The Administration provided some reasonable explanation for the contested decision, which is supported by evidence...

The impugned decision is not a mere reiteration of a prior decision as in response to the Applicant¡¯s request for reconsideration, the Applicant¡¯s case was resubmitted to the Committee. Thus, the Committee¡¯s decision notified to the Applicant subsequently is subject to this Tribunal¡¯s review. The Health and Life Insurance Section¡¯s advice or failure to give proper advice is not an administrative decision subject to judicial review. Under the applicable procedures related to exceptional reimbursements, it provides that claims for services and treatments not covered under the insurance programme...

The Tribunal dismissed the application. The Tribunal found that the contested decision was rescinded promptly after its issuance. In fact, the main claim of the application was rendered moot even before the commencement of the proceedings before the Tribunal.