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UNAT held that since the Appellant did not submit her preliminary request for administrative review within the time limit, a time limit which expired before the new Staff Rules came into force, UNDT had no alternative than to reject her application as not receivable. UNAT dismissed the appeal.

UNAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, UNAT held that UNDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. UNAT held that UNDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, UNAT held that UNDT did...

UNAT affirmed the decision of UNDT that the Appellant’s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. UNAT held that UNDT did not err in limiting the scope of his application to the non-renewal. UNAT concurred with the former Ãå±±½ûµØAdministrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member’s fixed-term appointment...

UNAT was satisfied that the UNDT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the Ãå±±½ûµØoutside of their home country and by implication their country of nationality, was the correct interpretation. UNAT held that there was no error in law with regard to the UNDT’s approach on the issue of home leave. UNAT held, as a matter of law and fact, that UNDT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

UNAT considered appeals against UNDT judgment Nos. UNDT/2010/108 and UNDT/2010/109 jointly. UNAT held that UNDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. UNAT held that the Appellant did not demonstrate that the UNDT’s finding of fact was not supported by the evidence or that it was unreasonable. UNAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that the UNDT’s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to UNDT having stepped into the shoes of the Ãå±±½ûµØMedical Director. UNAT held that there were no grounds to disagree with the finding of UNDT that Ms Frechon’s contract was, in fact, terminated for medical reasons. UNAT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. UNAT held that UNDT was correct in rescinding the decision to...

UNAT held that UNDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant’s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. UNAT held that UNDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. UNAT held that UNDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. UNAT held that it was not persuaded that UNDT made any errors of...

UNAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before UNAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration’s withdrawal of the offer of...

UNAT held that, except for the Appellant’s own assertion, it found no evidence to show that he was a genuine whistle-blower. UNAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. UNAT held that the non-renewal of the Appellant’s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. UNAT...

UNAT found that there was no evidence of damages or injuries in this case. UNAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.