Â鶹APP

UNAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. UNAT waived the deadline for appeal and held the appeal to be receivable. UNAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before UNDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant¡¯s claims relating to the use of and access to the closed-circuit television (CCTV) video...

UNAT considered an application for revision of judgment No. 2019-UNAT-948 by Ms Bezziccheri. UNAT considered Ms Bezziccheri¡¯s claim that ST/AI/2019/1 was unknown to her and UNAT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of UNAT can be revised, UNAT held that the fact that ST/AI/2019/1 was known to UNAT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, UNAT noted that ST/AI/2019/1 was not determinative of Ms...

UNAT considered an appeal by Mr Nadeau of Order No. 184 and his request that both Order Nos. 184 and 169 be rescinded. UNAT held that he did not demonstrate that UNDT had clearly exceeded its jurisdiction or competence in rejecting his request for new documents to be introduced into evidence. UNAT noted that the issue could be raised on appeal against the final judgment on the merits. UNAT is competent to review whether certain facts remained unresolved at the UNDT level and to consider the need for factual determinations based on the whole of the relevant evidence. UNAT dismissed the appeal.

The Applicant sought revision of judgment 2019-UNAT-944 pursuant to Article 11(1), which sets out strict and exceptional criteria that must be met. The Applicant alleged he became aware, in January 2020, that the Inspector General¡¯s Office (IGO) of UNHCR had not made a finding on whether the hiring manager¡¯s conduct amounted to misconduct. The Applicant contended that the Respondent had made misleading comments to UNAT, which led the latter to erroneously conclude that the IGO had investigated and determined that no misconduct had occurred. In addition, the Applicant sought leave to submit...

UNAT held that UNDT¡¯s language, which was strongly critical of the Appellant, was unwarranted. UNAT held that UNDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration¡¯s discretion, as the Appellant no longer met the requirements for it. UNAT held that the discontinuation of the SPA was justified in view of the Administration¡¯s obligation and right to correct such an erroneous situation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. UNAT held that UNRWA DT erred in declining the Appellant¡¯s implicit request for a hearing in person, at least without having considered it and given reasons. UNAT held that the termination of the Appellant¡¯s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. UNAT held that any opportunity of the Appellant¡¯s appointment to that vacancy had therefore passed, irrespective of her...

UNAT considered an application for revision of judgment No. 2019-UNAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by UNAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required UNAT to revise its judgment. UNAT held that neither the remand order of UNAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

UNAT considered two appeals (consolidated) by Mr ElShanti of judgment No. UNRWA/DT/2019/051 and judgment No. UNRWA/DT/2019/065 respectively. On the consolidation of the cases, UNAT held that UNRWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party¡¯s right to produce evidence. Accordingly, UNAT rejected Mr ElShanti¡¯s arguments against consolidation. UNAT held that there was no merit to Mr ElShanti¡¯s claims that the characterization of the impugned administrative decision was incorrect, noting that UNRWA...

UNAT considered an application for execution of judgment No. 2017-UNAT-798 by Mr. Dibs. UNAT granted in part the application for execution of judgment and ordered UNRWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. UNAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.

UNAT held that there was no express rescission of the impugned decision by the Administration. UNAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. UNAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. UNAT held that UNDT erred in its decision, resulting in a manifestly unreasonable decision. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the matter to UNDT for proper...