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UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

UNAT considered an appeal by the Secretary-General. UNAT held the UNDT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. UNAT held that there was no merit to the complaint that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of UNDT to adequately interpret and comprehend the application and that UNDT had the inherent power to...

The Tribunal found that the case was one of termination of mandate, rather than of abolition of post under the relevant rules; hence, the decision to terminate the Applicant’s permanent appointment was illegal. It further decided that even if one were to follow the Respondent’s argument that it was post abolition, such abolition needed the approval of the Board of UNICRI which had not been obtained. Finally, following the argument that it was post abolition, the Tribunal noted that the Administration clearly failed to comply with its obligation to make reasonable and good faith efforts under...

The Tribunal was not persuaded by the Applicant’s argument that staff rule 9.2(b) should apply to her case because her resignation was not genuine and the Administration had set her up for resignation. Rather, it was apparent to the Tribunal that the Applicant’s resignation was situational and a consequence of a combination of earlier decisions taken by the Applicant and the external factors. The Applicant overestimated the power of her newly acquired diploma on the job market which proved more difficult than she had expected. The Applicant made no inquiries concerning termination indemnity...