Â鶹APP

UNAT rejected the Appellant¡¯s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by UNDT (by audio conference) as verified by UNAT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist UNAT with the expeditious and fair disposal of the case. On the Appellant¡¯s motion for additional hearings, UNAT held that the documents contained arguments already submitted, although phrased differently, and no...

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 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 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 refused the Appellant¡¯s application for an oral hearing, noting that the Appellant was not entitled to call evidence on appeal that she should have presented to UNDT. UNAT held that UNDT correctly regarded itself as not competent to make medical findings contradicting the medical evidence. UNAT held that UNDT made no error in its finding that the ABCC¡¯s recommendation had no connection with the attempted recovery of monies which was allegedly paid to the Appellant by the Â鶹APP Federal Credit Union (UNFCU) by mistake. UNAT held that UNDT was quite correct in its opinion that the...

UNAT denied the Appellant¡¯s application for an oral hearing. UNAT held that the UNDT had not committed an error of procedure by denying the Appellant an oral hearing. UNAT held that UNDT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before UNDT with specific consideration of the following: UNDT¡¯s denial of the proceedings to be conducted in French; UNDT¡¯s dismissal of objections to English translations in the application and other documents, UNDT¡¯s issuance of its judgment before having the Secretary-General¡¯s reply...

On the amount of compensation in lieu of rescission, UNAT held that UNDT correctly applied Article 10(5) of the UNDT Statute. UNAT held that there was no fault with the UNDT¡¯s award of compensation of USD 2,000, noting that UNDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. UNAT held that absent any error of law or manifestly unreasonable factual findings UNAT would not...

UNAT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. UNAT held that the Appellant merely reiterated allegations already thoroughly examined by UNDT. UNAT held that the Appellant failed to demonstrate any error in the UNDT findings such as to warrant its reversal. UNAT held that there was no merit in the appeal. UNAT dismissed the appeal and affirmed the UNDT judgment.

As a preliminary matter, UNAT denied the Appellant¡¯s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. UNAT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to UNDP. UNAT held that the recommendation by OAIS was not an administrative decision. UNAT held that UNDT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...