UNAT considered a request for revision of judgment No. 2014-UNAT-436 as well as a motion requesting that UNAT strike certain paragraphs from it. UNAT held that the request did not fulfil the statutory requirements and constituted, in fact, a disguised attempt to re-open the case. UNAT held that his application was not receivable. UNAT dismissed the application for revision.
UNAT considered seven motions submitted by Ms Rangel prior to a judgment on the merits. On the two Motions for Interim Relief, UNAT held that Ms Rangel did not seek an interim measure for temporary relief consistent with the pronouncements of the ICJ Conciliation Committee, but rather she sought interim relief in cases where the Committee had dismissed her applications. UNAT held that since one of the two cumulative conditions under Article 9(4) of the UNAT Statute was not fulfilled, it did not need to further consider the second condition. UNAT denied the requests for interim relief. On the...
On the Appellants’ motion for contempt and request to strike specific paragraphs from the Respondent’s Answer, UNAT found no basis to grant the relief sought but stated it would deal with the issue in the judgment. On the Appellants’ complaints about the number of witnesses permitted to testify, UNAT held that: insofar as the Appellants’ sought to impugn the UNDT judgment on the basis of the number of witnesses permitted to testify, there was no merit in such an argument and it found no error of procedure such as to affect the decision in the case; and there was no merit in the argument that...
UNAT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of UNAT, UNAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. UNAT held that UNDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. UNAT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...
UNAT considered an appeal of judgment Nos. UNRWA/DT/2013/035 and UNRWA/DT/2014/004. UNAT held that there was no basis to support the Appellant’s claim of legitimate expectations and/or rights for the renewal of his contract. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred with respect to the amount awarded for al damages. UNAT held that UNRWA DT evaluated all the evidence before it and made a reasoned assessment as to the amount of anxiety and stress suffered by the Appellant. UNAT held that it would not lightly interfere with the determination of UNRWA DT. UNAT held...
On the Appellants’ request for an oral hearing, UNAT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants’ request that the appeal be heard by a full bench, UNAT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. UNAT held that: UNDT was competent to review its own competence or jurisdiction; UNDT correctly applied the jurisprudence of UNAT in the definition of...
As a preliminary matter, UNAT denied the Appellant’s application to file a reply to the Secretary-General’s answer and her motion to file additional evidence. On the issue of redaction, UNAT held that the Appellant’s concerns were unfounded because the judgments referenced her professional profile only in a general way and did not detail the confidential matters raised by the Appellant in her submission. UNAT agreed with the findings of UNDT that the previous judgment with the Appellant’s name as written had already been in the public domain for a long time and no useful purpose would be...
UNAT held that there was no reason to depart from its prior analysis that the UNJSPF was not part of the Secretariat and neither the Secretary-General nor the executive head of any other member organisation, has authority over the management of UNJSPF or the independence of the Chief Executive Officer of UNJSPF in the administration of its staff. UNAT held that the Secretary-General had no power to interfere or intervene in the election of members to the UNJSPF’s staff pension committees; those elections were governed exclusively by UNJSPF Regulations. UNAT held that there was no error in UNDT...
UNAT considered the consolidated appeals of judgment Nos. UNDT/2013/178 and UNDT/2014/041. The Appellant had filed Motions to Withdraw and Strike both of his appeals on the ground that mediation was successful and all claims/disputes were settled between the parties. UNAT granted the Appellant’s motions and directed the Registrar to close UNAT Case Nos. 2014-589 and 2014-621.
UNAT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. UNAT held that ST/AI/2003/8 was inapplicable. UNAT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. UNAT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. UNAT held that the impugned decision complied with the legal...
