The Tribunal observed that a review of the evidence in this case indicated that the panel’s assessment of the Applicant’s interview was proper. Accordingly, the Tribunal held that the Applicant received full and fair consideration and that the Administration followed all applicable procedures.
The UNAT declined Mr. Turk’s request for an oral hearing, and found no error in the UNDT’s decision not to order the production of additional documents.
The UNAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The UNAT also confirmed that the Tribunals will not interfere with the Organization’s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the UNAT held that the...
The application was dismissed.
Under the applicable legal framework, UNAMI and KJSO, like other 麻豆APP organs, consistently and uniformly use the UNORE in all conversions to local currency, whether they involve transactions, determination of staff entitlements, or other financial recordings.
ST/SGB/2019/2 (Delegation of authority in the administration of the Staff Regulations and Rules and the Financial Regulations and Rules), do not allow for delegated authority in respect of “exchange rate fluctuations”. UNAMI and KJSO therefore had no authority to overrule the said provision or to apply a different rate than the...
The UNAT dismissed the appeal. The UNAT held that the UNDT correctly found not receivable Ms. Raschdorf's application with respect to the non-renewal decision and the ABCC’s decision given Ms. Raschdorf's failure to request management evaluation. The UNAT found that contrary to Ms. Raschdorf's contention, the non-renewal decision was not taken subsequent to advice from a technical body. As to the ABCC's decision on whether the claim was time-barred, the UNAT found that that decision was not based on a consideration of a medical evaluation but was concerned with the timeliness of the...
Once approved by the General Assembly, the decision to downgrade a post is placed outside the Tribunal’s jurisdiction. There can be no issue of restoring this position and the Applicant as its incumbent. The only question that could be entertained by the Tribunal is whether, in proposing the budget, the administration acted lawfully, or, as it is alleged, engaged in a conspiracy against the Applicant to mislead the General Assembly. The Tribunal found that the Secretary-General’s recommendation to downgrade one of the P-4 posts was lawful. The Tribunal was satisfied that the downgrading of...
The Tribunal found that there were several reasons why the application was not receivable: the impugned decision was merely a prefatory act , moreover, as such, it was sub judice in Case No. UNDT/NBI/2022/6. However, on a purely formal plane, the application had been filed out of time.
The Tribunal held that the two applications filed concerned the same subject-matter and the same cause of action between the same parties. There was in substance one administrative decision refusing to renew a fixed-term appointment and the first application was lis pendens when the second application was made. The Tribunal further held that the Applicant had acknowledged the same in his motion to merge the two cases and orally during a case management discussion held on 6 July 2022. The Tribunal determined that there was no case for merger and that the application was not receivable under the...
UNAT concurred with UNDT that the case was time-barred and not receivable. UNAT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to UNDT and raised it for the first time before UNAT. UNAT held that, while Article 2. 5 of the UNAT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to UNDT. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT noted that, in finding the application to be time-barred, UNDT considered whether any exceptional circumstances existed to allow a waiver of the time limits and found that neither health problems nor the need to replace counsel constituted justification in the specific circumstances of the case. UNAT held that the Appellant failed to demonstrate any error warranting the reversal of the first instance judgment, whose conclusions it endorsed, as they relied on a correct application of the law. UNAT dismissed the appeal and affirmed the UNDT judgment.
