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The UNAT found that the UNDT did not err in law or fact or exceed its jurisdiction and it dismissed the Secretary-General's appeal. The UNAT found that the Administration had been made aware of the disharmonious working conditions within the Regional Office for Europe and had failed to take timely action. By exposing Mr. Cahn to harmful working conditions for a considerable amount of time (several months), the Administration failed in its duty of care vis-à-vis Mr. Cahn to timely implement preventive or interim measures and thus prevent any possible harm to his health, irrespective of whether...

Ms. Coleman appealed.  UNAT dismissed the appeal and affirmed the UNDT Judgment.  UNAT noted that in reaching its conclusion that it was reasonable for the Administration to decide that it was not in the interest of the Organization to keep Ms. Coleman on pay status whilst not performing work until the expiry of her fixed-term appointment, the UNDT considered, inter alia, that: i) she had placed herself in a situation in which she could no longer perform her duties in Pakistan; ii) she had rejected the temporary assignment offered to her in South Soudan; and iii) she was not interested in...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. UNAT held that UNDT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. UNAT held that UNDT had interpreted Articles 19 and 35 of the UNDT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the UNDT...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT committed a substantial error in procedure in not granting due process of law to the Administration. UNAT held that the Secretary-General’s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. UNAT held that UNDT should not have issued a default “Summary judgment” on the merits of the case. UNAT upheld the appeal and vacated the UNDT judgment. The case was remanded to another UNDT Judge to be tried on its merits after both parties have had the opportunity to make...

Respondent’s Counsel filed a motion seeking an extension of the time limit to file the Respondent’s reply on several grounds, including exigencies of service. The Respondent was enjoined to submit a proper application requesting that he should be allowed to take part in the proceedings. The determination of whether he was going to be authorized to file a reply was going to be taken in the light of the Respondent’s motion.

Outcome: In the exercise of its discretion under article 35 of the Rules of Procedure, the Tribunal found that it would be in the interests of justice to grant the respondent an extension of time for the filing of his reply until 21 December 2009, in order to allow the Tribunal to proceed with this matter without any further delays.

Pursuant to Article 10.1 of the Rules of Procedure, a respondent that fails to file its reply on time is barred from taking part in the proceedings, except with the permission of the Dispute Tribunal. In this particular case, to attain a fair and expeditious disposal of the case and to do justice to the parties it was necessary for the respondent to file a reply. Outcome: The judge exercised her discretion pursuant to Articles 10.1 and 19 of the Rules of Procedure to grant leave to the respondent to take part in the proceedings and to file its reply out of time.

A respondent who neglects to take part in the proceedings by not filing a reply within 30 days of receipt of the application may be readmitted by leave of the Tribunal only. The respondent in such a case is solely and effectively excluded by his own negligence to file a reply in time. He is not excluded by the Tribunal but by the operation of law. By his preposterous claim that the Registrar and the Judge owed him a duty to remind him of his obligations to his client, the Respondent’s Counsel, sought, in the Tribunal’s view, to provide an excuse for his own incompetence and lack of diligence...

Summary Judgment The Tribunal noted that Summary Judgment can only be entered in a case where the material facts are not in dispute and a party to case is entitled to judgment as a matter of law. Further that for a party to seek Summary Judgment, it has to be on the merits of the case and such a party should have pleaded facts in relation to the case. The Respondent had not pleaded any material facts and had also not joined issues with the Applicant on the merits of the case. Receivability In determining the receivability of the Application, the Tribunal addressed the Applicant’s access to...

Failure to file a reply: The Tribunal held that when a Reply is due in accordance with art. 10.1 of the UNDT Rules, the Respondent is required to comply with his obligation. He may not choose to file a Motion to have receivability considered as a preliminary issue or any other motion in lieu of his Reply. Subsequently, the only available remedy for the Respondent who fails to file a reply within the prescribed timeline is to seek leave of the Tribunal to be entitled to take part in the proceedings. Summary judgment: Noting that under art. 19 of the UNDT Rules, a party is entitled to judgment...