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The UNAT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute.  It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

The UNAT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...