Â鶹APP

The contested decision identified by the Applicant is not a final administrative decision that is related to the Applicant¡¯s terms of appointment or contract of employment. It is an operational decision of general application that promoted a change in the reporting lines of all staff members serving in that organization. Such a decision is within the scope of the managerial discretion of the organization in question. Accordingly, the application is not receivable ratione materiae.

At the time of the contested decision to not investigate his complaint of harassment and abuse of authority into his separation from service and alleged blacklisting, the Applicant had been separated from service for more than four and a half years and was no longer a staff member in the strict sense. Therefore, for the application to be receivable, the contested decision must have a bearing on the Applicant¡¯s status as a former staff member in the sense that it affects his previous contractual rights. In determining whether the contested decision affects the Applicant¡¯s previous contractual...

UNAT held that UNDT erred in failing to consider adequately the Appellant¡¯s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the UNDT hearing, which included the opportunity to call evidence and to challenge the Administration¡¯s evidence. UNAT held that UNDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. UNAT allowed the appeal, set aside the UNDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

UNAT held that UNDT adequately applied the appropriate principles set out in the former UN Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. UNAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division¡¯s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, UNAT agreed with UNDT that it would have been...

UNAT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. UNAT held that UNDT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT¡¯s decision on an Appellant¡¯s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the UNAT Statute, since no appeal had yet been filed. UNAT held, therefore, that UNDT¡¯s decision on the Appellant¡¯s request of extension could not be appealed. UNAT dismissed the appeal and affirmed the UNDT judgment.

In judgment No. 2010-UNAT-050, UNAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the UNDT judgment. UNAT held that UNDT had correctly concluded that it had no jurisdiction to receive the Appellant¡¯s appeal before the JAB. UNAT dismissed the appeal and affirmed the UNDT judgment. In judgment No. 2010-UNAT-050/Corr. 1, UNAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. UNAT rejected the Secretary-General¡¯s submission that the appeal was...

UNAT considered an appeal by the Secretary-General. UNAT held that the counsel of the Secretary-General had not been notified of the hearing date due to a technical error in the e-mail communication, which prejudiced seriously the Secretary-General¡¯s defence. UNAT held, therefore, that the UNDT judgment should be set aside, and the matter retried afresh. UNAT upheld the appeal and vacated the UNDT judgment. The case was remanded to UNDT to be heard afresh.

In Judgment No. 2010-UNAT-050, UNAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the UNDT Judgment. UNAT held that UNDT had correctly concluded that it had no jurisdiction to receive the Appellant¡¯s appeal before the JAB. UNAT dismissed the appeal and affirmed the UNDT Judgment. In Judgment No. 2010-UNAT-050/Corr.1, UNAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. UNAT rejected the Secretary-General¡¯s submission that the appeal was...

UNAT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. UNAT held that UNDT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. UNAT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. UNAT dismissed the appeal and...