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...
Rule 4.3
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UNAT considered an appeal by the Secretary-General. UNAT held that although the Secretary-General has discretion in the appointment of staff, he has no discretion to impose unwritten regulations and rules that are prejudicial to staff members. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant was not considered in accordance with ST/AI/2006/3 as was his legal right.
Appointment (type)
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
The UNDT found that the policy or practice had no legal basis in any of the norms of the Organization and was thus unlawful. The Tribunal ordered the rescission of the policy in relation to the Applicant and moral damages of three months’ net base salary. Enforcement of an unlawful policy or practice: Reports of the Fifth Committee do not carry the same legal force as General Assembly Resolutions. The Secretary-General is also not mandated, in the absence of an express statutory provision, to incorporate into a staff member’s terms of employment any policy or recommendation from a Committee...
In accordance with staff rule 4.3, when a staff member has been legally accorded nationality status by more than one state, the staff member’s nationality for purposes of the Staff Regulations and the Staff Rules shall be the nationality of the State to which the staff member is, in the opinion of the Secretary-General, most closely associated.In light of the provisions of staff rule 4.3, and in absence of any evidence that the discretion granted the Secretary-General by that rule has been exercised arbitrarily, in an abusive manner or vitiated by improper motives, the Tribunal finds that the...