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AAF appealed.

The UNAT agreed with the UNDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The UNAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member’s due process rights, namely his or her possibility of challenging the administrative decision before the UNDT.  As the Secretary-General had...

The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo UNDT/2011/168, by which the UNDT dismissed his case as falling outside its jurisdiction. With regard to the present application, the UNDT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The UNDT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the UNAT, which was therefore seized of the matter.

The Applicant’s request for recusal was not receivable and did not warrant a referral to the President of the Tribunal for determination. The Applicant’s claims were all of a substantive nature and would have been more appropriately dealt with by an appellate Tribunal. There was nothing to rectify or correct in the judgment as none of the particulars listed in the application were related to any errors.