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Rule 4.2

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UNAT rejected the request for an oral hearing finding that the issues raised on appeal did not require further clarification. UNAT rejected the submission from the Secretary-General that the appeal was time-barred since the appeal was a corrected appeal and, therefore, conform to the requirements of Article 8 of the UNAT RoP. UNAT held that the Appellant had failed to identify one of the five grounds of appeal which could give legal basis to her appeal and that her arguments were the same made before UNDT. UNAT held that the Appellant had failed to establish how UNDT had erred on questions of...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. UNAT held that UNDT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. UNAT held that UNDT contradicted UNAT’s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...

The UNDT found that the decision to take into account the Applicant’s recent disciplinary record was not a new disciplinary sanction but an exercise of discretion with regard to a new and separate discretionary administrative process. The contested decision did not amount to unequal or unfair treatment of the Applicant as compared to staff members with existing permanent appointments. The UNDT found that the Administration considered the Applicant eligible for consideration for conversion, but determined that he was not suitable for conversion in view of the recent disciplinary sanction...