Â鶹APP

The UNAT held that the issues on appeal were whether the UNDT had clearly exceeded its jurisdiction or competence in issuing the impugned interlocutory case?management orders, and whether any alleged procedural errors were effectively irremediable by a final judgment or manifestly unreasonable so as to justify interlocutory review. It recalled that appeals against interlocutory orders are receivable only in rare and exceptional circumstances, and that matters relating to evidence, procedure, and trial conduct fall within the UNDT¡¯s broad case?management discretion.

The UNAT found that the UNDT...

The UNAT held that the issues on appeal were whether the UNDT erred in refusing to grant anonymity to the staff member in proceedings challenging a written reprimand, whether it misapplied the jurisprudence governing anonymization, and whether such an error justified interlocutory review. It recalled that interlocutory appeals are receivable only in rare and exceptional circumstances, including where an error is irremediable by a final judgment and it would be manifestly unreasonable for the impugned order to remain in effect.

The UNAT found that the UNDT committed an error of law by...

The UNAT held that the issues on appeal were whether the UNRWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...

The UNAT held that the issues on appeal were whether the UNDT erred in finding the application not receivable for failure to request management evaluation within the mandatory 60?day time limit, whether it erred in identifying the date of notification of the contested administrative decision, and whether any findings on mootness or alleged due process violations affected the outcome. It recalled that its role on appeal is limited to determining whether the UNDT committed an error of law, fact, or procedure resulting in an unreasonable decision.

The UNAT held that the UNDT correctly identified...

The UNAT held that the issues on appeal were whether the UNDT erred in finding that the Secretary-General lawfully exercised his discretion in cancelling the Recruit from Roster Job Opening, whether the decision was supported by a rational and reasonable basis, and whether the UNDT erred in rejecting the staff member¡¯s allegations of discrimination, improper motive, or procedural irregularity.

The UNAT found that the UNDT correctly applied established jurisprudence on staff selection, including the principle that the Administration is not obliged to complete a recruitment exercise once...

The UNAT held that the issues on appeal were whether the UNDT erred in finding that the staff member received full and fair consideration for the Temporary Job Opening, whether it erred in concluding that the non?selection decision was untainted by bias, discrimination, or other extraneous considerations, and whether it erred in declaring certain claims not receivable for failure to request management evaluation. It recalled that its role on appeal is not to conduct a de novo review, but to determine whether the UNDT committed an error of law, fact, or procedure resulting in an unreasonable...

The UNAT found that Ms. George submitted her request to revert to the US dollar track system on 4 August 2015 and the Administration rejected it on 10 November 2015.Despite that clear communication, the former staff member continued to exchange correspondence with the Administration seeking reconsideration of the decision for almost nine years.She waited until 9 April 2024 before submitting her request for review to the Standing Committee.As it was filed beyond the statutory time limit of ninety days of receipt of notification of the contested decision, the UNAT held that her request was...

The UNAT held that the UNDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the UNAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the UNAT further held that her ignorance or misunderstanding of the law...

The UNAT held that the former staff member committed sexual harassment towards the Complainant by: i) entering her accommodation without invitation, hugging, kissing, and licking her forehead without her consent, reclining her on her bed to lie next to him, and refusing to leave when asked; and ii) telling her the following day that she had been unable to sleep because she had been thinking of him.

The UNAT found that the UNDT had provided a clear and reasoned analysis of the witnesses¡¯ credibility.It concluded that the UNDT¡¯s determination that certain discrepancies in the Complainant¡¯s...

The Victim clearly had a motive not to tell the truth before the Tribunal. And she had an interest in the outcome of this case since continued payments fromthe Applicant depended on his continued employment with the Â鶹APP in Congo. She even agreed that she was concerned about how she would survivewithout financial support from the Applicant. For all these reasons, the Tribunal did not find her testimony in court to be credible and relied instead on the statements she made before the Applicant¡¯s payments. A similar analysis applied to the Applicant¡¯s testimony. He too had an obvious...