Â鶹APP

Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, UNAT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. UNAT held that UNDT erred in its findings that the Application was not receivable. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the case to UNDT for consideration on the merits.

UNAT agreed with UNDT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. UNAT found no reason to differ from UNDT¡¯s approach. UNAT supported UNDT¡¯s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. UNAT suggested that UNDT and the Registries...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP¡¯s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. UNAT held that UNDT erred by conducting a de novo assessment of Ms Sarrouh¡¯s performance and exceeded its competence. UNAT held that UNDT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. UNAT held that UNDT erred in...

UNAT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. UNAT held that the decision of the Administration to limit the appointment to UNMISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, UNAT vacated the UNDT judgment.

UNAT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, UNAT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. UNAT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

UNAT considered an appeal by the staff member and an appeal by the Secretary-General. UNAT upheld both UNDT¡¯s finding that the decision to close the investigation was improper as well as UNDT¡¯s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. UNAT, however, vacated UNDT¡¯s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. UNAT held that ¡°generally speaking, the testimony of an applicant alone without corroboration by...

UNAT held that UNRWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that UNRWA¡¯s decision not to renew the Appellant¡¯s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. UNAT held that UNRWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. UNAT held that the irregularities in the assessment of the Appellant¡¯s performance were not sufficiently substantial or consequential so as to rebut...

UNAT held that the Appellant had not complied with his obligations under Article 2(1) of the UNAT Statute. UNAT held that there were no errors of law, fact, or procedure in the UNRWA DT judgment. UNAT held that under the relevant Circular, the Administration only had a duty to consider the Appellant¡¯s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. UNAT dismissed the appeal and affirmed the UNRWA DT Judgment.

UNAT held that it was not persuaded that UNRWA DT erred in procedure or otherwise exceeded its jurisdiction such as to warrant reversal of the judgment. UNAT held that UNAT held that there was no reason to differ from UNRWA DT¡¯s findings that UNRWA had no reason to refer the Appellant to a medical board and that the issue was not relevant as the Appellant did not contest that he was unfit for service, nor did he allege that his health problems were related to his service with UNRWA. UNAT further noted that, as the Appellant was over sixty years of age, he was not eligible for a disability...

UNAT held that the appeal was receivable as the Appellant had partially prevailed before UNDT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, UNAT held that there was no fault in the UNDT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. UNAT held that the Appellant did not demonstrate that the UNDT committed any error...