Â鶹APP

Noting the Secretary-General¡¯s contention that administrative review by ICAO is the equivalent of management evaluation under Article 7(3) of the UNAT Statute, and Article 7(3) must be interpreted in the same manner as Article 8(3) of the UNDT Statute, UNAT agreed that Article 7(3) prohibited UNAT from waiving the deadline by which the Appellant was required to seek administrative review. UNAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of the Appellant since AJAB did not consider the merits of those claims as the neutral first instance...

On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, UNAT agreed with UNRWA DT¡¯s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, UNAT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. UNAT recalled the jurisprudence of the former UN Administrative Tribunal that different onuses and burdens of proof arise under...

UNAT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. UNDT/2012/142. UNAT dismissed Ms A. Nourain¡¯s appeal as she was not a party to the proceedings and had no standing to appeal. UNAT held that the facts were not disputed; the misconduct had been established and so had its seriousness. UNAT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. UNAT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

UNAT considered Mr Obdeijn¡¯s application for revision of judgment in respect of judgment No. 2012-UNAT-201. UNAT held that Mr Obdeijn¡¯s submissions were irrelevant as they did not meet the requirements set out in the UNAT Statute. UNAT held that Mr Obdeijn¡¯s failure to submit evidence of alleged economic loss during the proceedings before both Tribunals did not constitute a newly discovered decisive fact warranting a revision of judgment. UNAT held that Mr Obdeijn could not rely on UNAT¡¯s inherent jurisdiction to obtain a revision expressly forbidden by the UNAT Statute from a rule based on...

UNAT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that UNDT declined to award pecuniary damages, UNAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of UNDT such as would entitle UNAT to interfere with the findings of UNDT. UNAT was satisfied that the Appellant had been properly compensated for moral damages. UNAT held t that the substantive and procedural breaches identified by UNDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

UNAT considered an appeal by the Secretary-General and an appeal Ademagic et al. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT held that there was no merit to the Respondent¡¯s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant¡¯s request. UNAT held that the matters could be raised by UNJSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. UNAT held that the Respondent¡¯s arguments that the Appellant¡¯s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. UNAT held that the impugned decision was, in effect, a failure by the...

UNAT determined that by refusing to review the staff member¡¯s request, the UNJSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose ¡°is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ¡®aberrant results¡¯ or the situation where no up-to-date CPI data is available¡±. UNAT upheld the appeal, vacated the decision of the Standing Committee of the UNJSPB to reject the staff member¡¯s request that the UNJSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...

UNAT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic¡¯s appeal, UNAT held that UNDT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General¡¯s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by UNDT, UNAT held that the approach of UNDT did not merit the remedy...