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The UNAT held that the absence of a case management discussion and an oral hearing before the UNDT was not a procedural error.

The UNAT found that the UNDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred.  The UNAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant’s objective...

As a preliminary matter, the UNAT granted AAM’s request for anonymity.  Considering that the Judgment set out medical details regarding AAM, the UNAT found it necessary to protect his confidential information.

The UNAT found that there were four issues for adjudication on appeal: 1) whether AAM’s appeal was moot/premature in light of a pending medical determination; 2) whether the UNDT erred in finding that the Controller had the delegated authority to deny AAM’s claim for compensation under Appendix D; 3) whether the UNDT erred in finding that the decision of the Controller was reasonable...

Pursuant to jurisprudence on the factors to consider in a communication purporting to constitute the date on which an administrative decision was made, the Tribunal found that the 8 December 2021 communication from the CHRO/RSCE constituted the impugned decision. It had sufficient gravitas having been conveyed by the CHRO/RSCE as opposed to the HR Partner, it raised relevant factors and it had an element of finality.

The Tribunal found that the Applicant met the timeline for filing a request for management evaluation in accordance with staff rule 11.2(c). The Respondent’s motion on...

Under the applicable legal framework, UNAMI and KJSO, like other United Nations organs, consistently and uniformly use the UNORE in all conversions to local currency, whether they involve transactions, determination of staff entitlements, or other financial recordings.

ST/SGB/2019/2 (Delegation of authority in the administration of the Staff Regulations and Rules and the Financial Regulations and Rules), do not allow for delegated authority in respect of “exchange rate fluctuations”. UNAMI and KJSO therefore had no authority to overrule the said provision or to apply a different rate than the...

UNAT held that the contested Memorandum was not an administrative decision as the Appellant failed to identify how it was affecting her terms or conditions of appointment.  UNAT held that the contested Memorandum concerned a general delegation of authority and, therefore, was a decision of general application.

The UNAT dismissed Mr. Ponce-Gonzalez's appeal. The UNAT dismissed Mr. Ponce-Gonzalez’s argument of apprehension of partiality of the hiring manager claiming that there was an improper motive to unfairly eliminate him. The Appeals Tribunal found that the mere fact that the hiring manager was involved in two selection exercises in which Mr. Ponce-Gonzalez was not successful did not indicate any partiality, but rather a regular exercise of the Administration’s routine of selecting candidates for advertised positions.  The UNAT further found that the UNDT did not err in finding no irregularity in...

The UNAT dismissed the appeal. It held that the UNDT erred in its consideration of the Administration’s assessment of Mr. Ponce-Gonzalez’s experience against the evaluation criteria; the UNDT also erred when it rescinded the cancellation of the selection process, invalidating the reason then given that “none of the rostered candidates had met all of the required and desirable criteria of the job opening”, and concluding that “at least one of the rostered candidates (the Applicant) met and exceeded all criteria”. In so doing, the UNDT improperly appropriated the discretion of the Secretary...

The UNAT dismissed the appeal.  The UNAT found that AAL was given notice of the need for her to return to the duty station, as well as sufficient opportunity to apply for sick leave. However, she did not request such sick leave, nor did she return to work, leaving no option for the Administration other than to place her on SLWOP. She also failed to provide evidence that there were “compelling personal circumstances” so as to engender a decision to allow her to continue to telecommute from outside her official duty station. The UNAT further found that the UNDT did not err in finding that AAL...

The Tribunal notes that it follows from ST/SGB/2019/2 that the Secretary-General has delegated the relevant authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (“the USG”), who in turn, has sub-delegated it to the ASG in accordance with a table of sub-delegation dated 1 March 2021 that the Respondent has submitted in evidence.  In a note on “delegation details” valid from 15 April 2021 is stated that, “This sub-delegation of decision-making authority addresses a technical error in the attachment of the sub-delegation of decision-making authority issued on...

Regarding the applicable Appendix D to the present case, the Tribunal notes that in the current Appendix D (ST/SGB/2018/1/Rev.1), it is stated that “[f]or claims filed for incidents that occurred prior to the entry into force of the present revised rules, the previously applicable rules will be applied” (see art. 6.1(b)). According to the Applicant’s own factual submissions, whereas his compensation claim was submitted on 29 June 2018, it concerned incidents that occurred somewhere between 2015 and until his medical leave started in August 2017. The applicable Appendix D is therefore one...