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UNAT considered an application for revision of judgment filed by Mr Mbaigolmem. UNAT held that Mr Mbaigolmem had to prove that he had discovered a decisive fact that was unknown to both him and UNAT at the time of judgment. UNAT held that Mr Mbaigolmem had failed to establish an unknown decisive fact that could warrant revision of the judgment. UNAT dismissed the application for revision of judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that the allegation that UNDT usurped its discretion by failing to show due deference in substituting its own preference of sanction for that of the Secretary-General was overstated. UNAT held that UNDT had correctly balanced the competing considerations and concluded reasonably that the cumulative imposition of a written censure and the loss of two steps in grade were disproportionate to the misconduct. UNAT found that UNDT did not misdirect itself in accepting as mitigating factors the fact that Appellant had lost all his...

UNAT held that UNDT was correct in concluding that the Administration’s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. UNAT noted that the phrase “suitable posts” is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

Admissibility: The parameters of what is admissible before this court is provided for in Article 18 of the UNDT Rules of Procedure. In relevant part, the Article states that the Tribunal shall determine the admissibility of any evidence; and that it may exclude evidence which it considers irrelevant, frivolous or lacking in probative value. Workplan/EPAS: It is the responsibility of the first reporting officer to set out the work plan with the Applicant; to conduct the mid-point review and the final appraisal; and to provide supervision on the overall work of the Applicant during the course...

The meaning of any legislative provision is ascertained by the meaning of its words in the light of the intention of the rules as a whole. Where the wording of an instruction suggests that no exception is permitted, a number of common law jurisdictions have found the mandatory or directory dichotomy inappropriate.To establish the meaning and intention of a �山����provision the relevant context is the hierarchy of the UN’s internal legislation. This is headed by the Charter of the �山����followed by resolutions of the General Assembly, staff regulation and rules, Secretary- General bulletins and then...

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all �山����staff members were to be “considered first”, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a �山����staff member and the applicant challenged the decision to appoint them. At around the time of the applicant’s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

The Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2.1 (a) of the UNDT Statute. The Tribunal took the view that the decision taken by the administration to appoint an ad interim DCPM and to reallocate responsibilities and duties pursuant to that appointment was an administrative decision. Nevertheless, for the purposes of Article 2.1 (a) of the UNDT Statute, the Tribunal stated that it is not sufficient for the Applicant to merely establish that an administrative decision was taken in the overall context of the position she...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances. As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of facts in the assessment of the staff member’s career. Under the principle that...

The Head of Office acted within his authority in effectively overriding the recommendation of the APC, as provided for by Annex 4G, para. 28(a)(iii). The relationship between the SAP and the APC is sequential, not hierarchical; the judgment of one is not superior to the judgment of the other. The Head of Office is not bound to accept the recommendation of one over the other. The Head of Office is bound to exercise his independent judgment after giving careful consideration to the recommendations made to him and explaining why he preferred one candidate to another. The Head of Office did not...