Â鶹APP

UNAT considered an appeal by Mr. Mousa. On matters of procedure, UNAT found that the additional documentary evidence presented on appeal was inadmissible as Mr. Mousa had failed to demonstrate exceptional circumstances and had failed to seek leave to present such additional evidence as he was required to do in terms of Article 2(5) of the UNAT Statute. UNAT dismissed the appeal. UNAT found that that while Mr. Mousa had been disciplined for working while on sick leave from the Organization and without valid authorization, he on appeal again focused on the allegations of malpractice which had...

UNAT remanded the case to the SAB, directing that the appeal be reconsidered by a neutral first instance process that issues a final decision. Citing Dispert & Hoe, Spinardi, Sheffer, Fogarty, and Fogarty et al., the Tribunal explained that the SAB must satisfy the requirement under Article 2 (10) of the UNAT Statute, which requires that the first instance process produce a final decision on the appeal and not a recommendation to the Secretary-General, as was the case under the then IMO Staff Regulations and Staff Rules (SRSR). The Tribunal also called into question whether the IMO Secretary...

The Secretary-General of IMO is essentially seeking comments on the UNAT judgment under the guise of an application for interpretation, something UNAT expressly proscribed in Kasmani. The UNAT¡¯s Fogarty Judgment clearly and unambiguously explicates the nature of the difficulty in a manner that requires no further interpretation. There is no ambiguity, uncertainty or irreconcilable conflict on the question remanded or the reasons for the remand or in the comments in paragraph 25 of the Fogarty Judgment that justifies an application for interpretation. While the applications for...

Mr. Hammond¡¯s appeal is defective, as it does not address the issue of receivability or the UNDT¡¯s finding that his application contesting his 2016-2017 performance appraisal was not receivable. Mr. Hammond¡¯s application was not receivable as the reclassification decision was taken by the General Assembly. It is not erroneous to call the reclassification of Mr. Hammond¡¯s P-4 post to an FS-6 post a ¡°conversion¡± or an ¡°abolishment¡± because, in effect, this classification resulted in Mr. Hammond¡¯s P-4 being abolished and replaced by, or converted into, an FS-6 post.

UNAT noted that, although the appeal was technically inadequate because the Appellants had failed to specifically identify the errors allegedly committed by the UNRWA DT, it had previously recognised that if an appellant was not legally represented some latitude may be allowed in the interests of justice. Accordingly, UNAT held that it would review the merits of the appeal. UNAT held that the UNRWA DT erred on a question of fact that resulted in a manifestly unreasonable decision by failing to consider the full application and the question of when the Appellants received notification of the...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General was correct to bide his time and to await the outcome on the merits before determining whether an appeal was necessary. UNAT held that the appeal of the Secretary-General was not time-barred. UNAT held that UNDT erred in concluding that Mr. Arango was a former staff member for the purposes of founding jurisdiction over the instant application: At the time of the contested decision not to select him Mr. Arango had been separated from service for more than two years, was no longer a staff member in the...

UNAT held that UNDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. UNAT held that, regarding the question of whether UNDT failed to address the Appellant¡¯s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that UNDT erred in fact or in law about this issue. UNAT held, however, that UNDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr D R-B, given that the selected...

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...

As a preliminary matter, UNAT declined Mr. Hossain¡¯s request for an in-person hearing and held that Mr. Hossain did not explain, at least sufficiently, why his appeal should be dealt with other than on papers filed. UNAT held that UNDT erred in law by rejecting Mr. Hossain¡¯s proceedings other than on their merits and for threshold jurisdictional reasons that it was empowered to examine and assist to establish. UNAT held that the UNDT, while perhaps disposing of the case in an expeditious way, did not do so fairly, or certainly justly, as between the parties. UNAT admitted on appeal the...

UNAT considered an appeal of the Judgment on the merits and a cross-appeal from the Commissioner-General on the receivability finding. UNAT held that the cross-appeal was receivable, however UNAT dismissed it in light of the Commissioner-General¡¯s request that his cross-appeal not be examined should the appeal be dismissed and secondly, because UNAT did not detect any error in the UNRWA DT¡¯s order which found that the application was receivable. On the merits of the appeal, UNAT held that Mr. AlMousa failed to establish any error in the UNRWA DT Judgment, although his appeal undoubtedly...