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UNAT considered an appeal of judgment No. UNDT/2013/151 by the Secretary-General. As a preliminary matter, UNAT held that UNDT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and UNAT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. UNAT held that UNDT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by UNAT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

UNAT denied the Appellant’s motion for additional pleadings because he did not demonstrate the existence of exceptional circumstances. UNAT also found no fault with UNDT’s holding that the decision to relocate the Appellant was lawful. UNAT noted that an accepted method for determining whether the reassignment of a staff member to another position was proper is to assess whether the new post was at the staff member’s grade; whether the responsibilities involved corresponded to his or her level; whether the functions to be performed were commensurate with the staff member’s competence and...

UNAT rejected the Appellant’s submission that UNDT’s failure to determine his motion to order the Secretary-General to produce relevant documents amounted to an error in procedure such as to affect the decision in the case. Article 19 of the UNDT Rules of Procedure gives UNDT broad discretion in managing its cases and in determining whether or not it has sufficient evidence and information “for the fair and expeditious disposal of the case and to do justice to the parties. UNAT noted that the Appellant adduced no evidence to support his contention that the exercise of discretion by UNDT was...

UNAT addressed the Secretary-General’s appeal. UNAT agreed with the Secretary-General that UNDT erred on a question of law in substituting its own decision for that of the Administration regarding how the selection process should have been conducted. UNAT held that UNDT had improperly relied on “logic” to insert a step into the assessment process that was not required under the staff selection system established under the Staff Regulations and Rules. UNAT held that UNDT had clearly erred on a matter of law and had exceeded its competence by deciding that the DSS/SSS management lacked...

UNAT held that the Appellant did not address any error of fact or law in the UNDT judgment. UNAT held that the irregularities in the procedure did not amount to a breach of the Appellant’s due process rights. UNAT held that it was irrelevant whether the Appellant filed his application before UNDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that pursuant to Article 30 UNAT RoP and considering the medical condition of Appellant’s counsel, it was in the interests of justice to grant the Appellant’s motion for an extension of time to file her comments on the Secretary-General’s motion to supplement his answer. UNAT accepted the Appellant’s comments on the Secretary-General’s motion as timely filed. UNAT denied the Secretary-General’s motion for leave to supplement his answer since his additional pleadings would not advance or assist with the disposal of the case. UNAT held that UNDT had very thoroughly considered the...

UNAT considered an appeal from the Secretary-General. UNAT held that UNDT did not correctly apply the law in considering Mr Riecan’s challenge to the selection for the post and made errors of law and fact in accepting the staff member’s application. On the UNDT’s finding that there was a duty of the assessment panel in the course of a selection process to consider the e-PAS reports of the candidate and reflect that consideration in its own report, UNAT held that (1) UNDT did not make reference to a specific provision providing for this duty; (2) the fact that the panel did not take into...

UNAT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier’s contention that the Secretary-General’s appeal is not receivable because the impugned judgment did not award him any damages and was mere “a moral victory”, UNAT held that success before UNDT depends on whether the staff member’s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to UNAT, as the unsuccessful party before UNDT, the...

UNAT held that the Appellant was not a staff member, as he was not supported by the Secretary-General in terms of Staff Regulation 4. 1 and was not subject to the Secretary-General’s authority, but rather he was elected by the General Assembly. UNAT held that UNDT did not err in dismissing the application as not receivable ratione personae. UNAT held that UNDT correctly distinguished ILOAT judgment No. 3359, noting that the ILOAT’s jurisdiction ratione personae is broader than UNDT’s jurisdiction, in that it may be invoked by “officials”, which includes judges. Noting that the current...

UNAT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. UNAT noted that the Appellant had had access to the Inspira Applicant’s Manual and World Higher Education Database, which was embedded into Inspira. UNAT held that the Appellant’s argument that UNDT failed to implement the UNAT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...