UNAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. UNAT denied the Appellant’s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. UNAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. UNAT held that the UNDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. UNAT held that UNDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...
Article 8.3
UNAT considered the Appellant’s request for an oral hearing and claims for moral damages and reinstatement. UNAT held that the factual and legal issues arising from the appeal have already been clearly defined by the parties and did not find that an oral hearing would “assist in the expeditious and fair disposal of the case. ” To that end, UNAT denied the Appellant’s request for an oral hearing. UNAT found no fault with UNRWA DT’s conclusion that it was highly probable that the Appellant had a leadership role in the armed clashes of 18 June 2015. UNAT held that there was no evidence to suggest...
UNAT rejected the Appellant’s request for an oral hearing. UNAT held that UNRWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter’s employment situation. UNAT held that UNRWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant’s request for SLWOP and, consequently, that there had not...
UNAT rejected the request for an oral hearing. UNAT held that there was no merit in the Appellant’s claim that he should be considered a Ăĺ±±˝űµŘstaff member because he worked with UNOPS for over three years. UNAT concluded that UNDT correctly decided that the application was not receivable ratione personae. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT rejected the request for an oral hearing. UNAT held, noting that the Appellant appeared to be restating the same claims she made before UNDT, that she did not identify any grounds for her appeal nor demonstrate that UNDT committed any error of fact or law in arriving at its decision. UNAT held that UNDT fully and fairly considered the case, without errors of law or fact. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT denied the Appellant’s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the RoP. UNAT held that Toure is binding precedent on UNDT as it applied to the Appellant’s case and found no fault with UNDT’s judgment.
UNAT denied the request for an oral hearing. UNAT held that UNDT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. UNAT agreed with UNDT that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...
As a preliminary matter, in response to the Appellant’s request for interim measures, in which she requested that the Secretary-General complied with the UNDT judgment insofar as it had not been appealed against, UNAT denied the motion on the basis that execution should have been requested before UNDT. On the Appellant’s motion to strike assertions and evidence, UNAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, UNAT held that the appeal was limited to the request for further compensation, as per the Appellant’s Power of Attorney document, and...
As a preliminary matter, in response to the Appellant’s request for interim measures, in which she requested that the Secretary-General complied with the UNDT judgment insofar as it had not been appealed against, UNAT denied the motion on the basis that execution should have been requested before UNDT. On the Appellant’s motion to strike assertions and evidence, UNAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, UNAT held that the appeal was limited to the request for further compensation, as per the Appellant’s Power of Attorney document, and...