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The UNAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. UNDT/2022/124 and that the UNDT did not err in delivering its Judgment during the pendency of that appeal.  The UNAT nevertheless observed that the UNDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022).  Despite this, the UNAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case.  With regard to Order No. 158 (NBI/2022), the UNAT held that the UNDT rightfully refused to...

The UNAT observed that neither party had raised whether AAQ’s application was receivable before the UNDT. The UNAT nonetheless held that because this was a jurisdictional question, it was obliged to raise the issue itself. The UNAT noted that pursuant to Article 2(1)(a) of the UNDT Statute, the staff member was obliged to identify an administrative decision that was alleged to be in non-compliance with the terms of appointment or contract of employment. Further, pursuant to established case law, the administrative decision must have both a direct and adverse effect on the employment of the...

The UNAT denied the Appellant’s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.

The UNAT held that the Appellant’s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.  

The UNAT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...

The Tribunal noted that there was no submission on record indicating that the contested decision imposed adverse consequences on the Applicant. The Tribunal, thus, found that it was not established how the contested decision adversely affected the Applicant’s employment. Accordingly, the Tribunal held that the jurisdictional constraints did not allow it to hear and decide the application in the absence of a particular facts-based case. Therefore, the application was dismissed as not receivable.

The Tribunal noted that the Applicant contended that he was separated for non-disciplinary reasons, while the Respondent provided proof indicating that the termination decision was made on 11 March 2022 and rose from an incident on 2 October 2019 in which the Applicant allegedly drove a United Nations vehicle while under the influence of alcohol and damaged that vehicle.

The Tribunal thus held that: a) to the extent that the termination decision was for reasons other than disciplinary, the Statute of the United Nations Dispute Tribunal required that, to be receivable, the Applicant ought to...

The UNAT dismissed Mr. Neupane's contention that the UNDT erred when it found that he was contesting the reassignment decision when in fact he was contesting the lack of his Field Central Review Board clearance and roster membership for the reassigned post. The application was quite unclear, and focused mainly on the question of regularity of the reassignment decision which was in line with Mr. Neupane’s request for management evaluation challenging directly and clearly his reassignment. The issue of rostering was raised only as an argument to prove the alleged procedural irregularity of Mr...

The application is denied.

The issue in this case is whether EG and SEG consist of two independent benefits that can be granted in combination.

Pursuant to sec. 6.1(a) of ST/AI/2018/2/Amend.1, the overall maximum amount of SEG shall be equal to the upper limit of the top bracket of the global sliding scale applicable to the education grant scheme. The law does not allow an interpretation where EG and SEG can be “stacked”. 

Indeed, the difference between EG and SEG is in the percentages of reimbursement that eligible staff members are entitled to receive. This difference in reimbursement percentage addresses the...

UNAT endorsed the UNDT’s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative.  UNAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.

In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant’s claim for financial and...