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The application was dismissed.

UNAT considered an appeal by the Secretary-General and an appeal Ademagic et al. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General’s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General’s appeal on that issue; UNAT held that each candidate for permanent appointment...

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...

The current Application for suspension of action must be adjudicated against the stipulated cumulative test, in that the Applicant must establish that the impugned decision is prima facie unlawful, calls for urgent adjudication and that implementation of the impugned decision would cause him irreparable harm. The Tribunal finds no impropriety in the Respondent’s application of the staff retention criteria in respect of the Applicant. This Application therefore fails on the limb of prima facie unlawfulness therefore. Having found that the impugned decision is not unlawful, and given that the...

Allegations of domestic violence and conflicts over child custody, maintenance or paternity are properly matters for a criminal court and family court to entertain. The Organization has no business using its administrative procedures to involve itself in a personal dispute when other appropriate legal channels were available to the parties to sort out their rights and responsibilities. The unilateral extension of the Applicant’s temporary assignment to Addis Ababa beyond the agreed one month amounted to bias, abuse of authority and a breach of the Applicant’s due process rights.The Applicant...

OSLA is an integral part of the Secretariat of the United Nations and that its decisions are taken under the umbrella of the Secretary-General. OSLA’s decisions may be challenged to the extent that they are strictly administrative decisions and are not related to the giving of advice to litigants or the conduct of cases before the UNDT. It must be noted however that the scope and jurisdiction of the Tribunal is not limited to the author of the decision but most importantly to its nature. In order to establish that the administrative decision impacts on the contract of employment or terms of...

The decision to terminate the Applicant’s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness.The Secretary-General’s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract.The termination of the Applicant’s appointment as a result of...

The decision to terminate the Applicant’s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness. The Secretary-General’s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract. The termination of the Applicant’s appointment as a result of...

The Tribunal rejected the application on the ground that the Applicant is not a �山����staff member and therefore does not have access to the Tribunal. Status of STL staff members: While article 12 of the STL Statute explicitly provides that the “Registrar shall be a staff member of the United Nations”, there is no such reference for other high-ranking officials such as the Judges or the Prosecutor, nor for any other “Lebanese and international staff” of the STL. From the wording of both the Statute and the Agreement between the United Nations and the Lebanese Republic on the establishment of the...