Â鶹APP

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...

UNAT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that UNDT erred on questions of law and fact and exceeded its competence in awarding damages. UNAT held that the reasonable expectation of the duration of Mr Andreyev¡¯s contract was one year and reduced the award of compensation in lieu of rescission. UNAT held that there was no evidence of harm to support the award for moral damages. UNAT granted the Secretary-General¡¯s appeal, reduced the UNDT¡¯s award of compensation in lieu of rescission to nine months¡¯ net base salary, less...

UNAT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. UNAT held that UNDT made several errors of law when it found UNICEF¡¯s decision not to renew Mr Said¡¯s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. UNAT held that UNDT did not accord any deference to UNICEF¡¯s conclusion that Mr Said¡¯s performance was poor and, instead, UNDT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. UNAT held that UNDT made...

On the question of maintaining confidentiality, UNAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. UNAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member¡¯s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. UNAT held that the specific provisions of ICAO¡¯s personnel instruction should have led to a...

UNAT held that the impugned Order ceased to have any legal effect when the respective management evaluation was issued. UNAT held that the issuance of the management evaluation had rendered the Order under appeal moot. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the impugned Order ceased to have any legal effect when the management evaluation decision was issued. UNAT held that the issuance of the management evaluation had rendered the Order under appeal moot. UNAT dismissed the appeal in its entirety.

UNAT rejected the request that the Secretary-General produced the underlying job description for the post, to verify if a typing requirement had been introduced since the last revision, finding that it would be neither necessary nor useful for the fair and expeditious resolution of the case. UNAT held that the Appellant had failed to demonstrate that the contested decision fulfilled objective criteria of UNAT¡¯s competence. UNAT held that, considering that the test was to be taken online, with the Appellant being based in Bangkok and the test being administered from New York, it was normal to...

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, UNAT held that there was no merit in the staff member¡¯s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, UNAT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. UNAT held that the staff member had failed to demonstrate any error in the UNDT...

UNAT considered two applications, one for correction and one for revision, relating to judgment No. 2013-UNAT-363. UNAT held that Mr Chaaban failed to show any clerical or arithmetical mistake to justify the correction of the judgment. UNAT held that Mr Chaaban failed to identify any decisive fact unknown at the time of the judgment to warrant its revision. UNAT dismissed both applications.

UNAT rejected the request for an oral hearing since the factual and legal issues arising from the appeal had already been clearly defined. UNAT found no error in UNDT¡¯s judgment that the application was not receivable ratione materiae. UNAT dismissed the appeal and affirmed the UNDT summary judgment.