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UNAT affirmed UNDT’s finding and held that “the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision” all support the conclusion that the Administration’s response to a request for management evaluation is not a reviewable decision. UNAT noted that the response to a request for management evaluation is an opportunity for the Administration to resolve a staff member’s grievance without litigation and not a fresh decision. UNAT dismissed the appeal.

UNAT held that the Appellant’s argument regarding the time limits was misconceived since UNDT had not declared the application non-receivable because the Appellant had failed to respect the time limits for filing an application, rather it declined jurisdiction on the basis that he had not sought timely management evaluation, i. e. , within the requisite sixty days of the contested decisions, as required by Staff Rule 11. 2(c). UNAT held that the exercise of determining the date of an implied administrative decision should be conducted by determining when the staff member knew or should...

Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, UNAT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. UNAT held that UNDT erred in its findings that the Application was not receivable. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the case to UNDT for consideration on the merits.

UNAT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, UNAT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. UNAT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

UNAT held that the fact that the non-renewal decision was communicated verbally was, by itself, of no consequence since there is no explicit requirement in law for such notification to be in writing. UNAT noted that Staff Rule 11. 2(c) does not require a written notification as a prerequisite to contest an administrative decision. UNAT affirmed the UNDT judgment dismissing the staff member’s application but set aside it's finding that the application was receivable.

UNAT held that there was no merit to the Appellant’s claims that UNDT failed to exercise its jurisdiction or erred in law by using the summary judgment procedure to determine the application was not receivable ratione materiae. UNAT held that the application to UNDT did not challenge an administrative decision that was alleged to be in non-compliance with the terms of appointment or the contract of employment of the staff member, rather the Appellant challenged the MEU’s wording in a letter to him acknowledging the receipt of his grievance or complaint. UNAT held that UNDT did not err in law...

UNAT considered the receivability of the appeal, whether there was a procedural irregularity, and whether the Appellant was entitled to moral damages. UNAT held that the appeal was receivable because it was filed in a timely fashion, according to Articles 7 and 29 of the RoP. UNAT held that UNDT erred in law in finding that the Administration failed to properly notify the Appellant of her non-selection because she knew about her non-selection early enough to timely challenge the decision. UNAT found that UNDT erred in law and exceeded its competence in awarding the Appellant compensation as...

On an appeal by the Secretary-General, UNAT held that UNDT erred in concluding that the applications were receivable. UNAT noted that Article 2(1) of the UNDT Statute limits the UNDT’s jurisdiction to hearing appeals against administrative decisions. UNAT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. UNAT noted that, with the...

UNAT considered whether UNRWA DT correctly concluded that the application was non-receivable ratione materiae. UNAT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the UNAT Statute. UNAT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, UNAT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, UNAT...

UNAT considered the appeal and held that UNRWA DT’s judgment was correct. UNAT found that UNRWA DT did not err in holding that the Agency’s decision to deny the Appellant a fifth year of SLWOP was both lawful and reasonable. Further, UNAT held that the Appellant did not establish any grounds of appeal in this regard. UNAT also reiterated that the Appellant did not have an unconditional right to EVR and that the Agency had duly considered his request in accordance with the UNRWA Area Staff Rules and other relevant administrative issuances. UNAT also held that UNRWA DT rightly rejected the...