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UNAT held that, except for the Appellant’s own assertion, it found no evidence to show that he was a genuine whistle-blower. UNAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. UNAT held that the non-renewal of the Appellant’s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. UNAT...

UNAT rejected the Appellant’s request to have all appeal-related documents removed from her UNRWA official service file. UNAT held that UNRWA DT did not err in finding no irregularity in the decision-making process under judicial review and consequently dismissing the application. UNAT held that the Appellant had to persuade it that there were flaws in the contested administrative decision not to renew her fixed-term appointment, the proceedings that led to it, or in the UNRWA DT’s judgment, which would warrant vacating the judgment. UNAT held that the Appellant had not raised new arguments...

UNAT held that the Appellant’s submissions were largely a reiteration of his arguments before UNDT. UNAT held that UNDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. UNAT held that UNDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. UNAT held that the UNDT’s findings that the advice given to the Appellant regarding uncertified sick leave was correct. UNAT held that the Appellant’s allegation that...

UNAT considered an appeal by the Secretary-General. UNAT noted that the appeal only addressed the award of material damages. UNAT held that the staff member was entitled to one year’s gross base salary apart from sick leave for the period of his certified illness. UNAT held that the award of twelve months’ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. UNAT held that UNDT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of UNAT. UNAT dismissed...

UNAT considered the Appellant’s claim that UNDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. UNAT held that UNDT did not commit any error of procedure so as to affect the outcome of the present case. UNAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of UNDT and do...

UNAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. UNAT held that the procedural errors did not amount to an abuse of power. UNAT held that absent an abuse of power, the compensation for moral damages had to be vacated. UNAT granted the appeal, rejected the cross-appeal, and vacated the UNRWA DT judgment in its entirety.

UNAT held that UNDT’s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. UNAT held that UNDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that UNDT was unable to find any such evidence, UNAT held that the Appellant’s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. UNAT held that it was satisfied that UNDT’s...

UNAT considered an appeal against Order No. 057 (UNRWA/DT/2014) and judgment No. UNRWA/DT/2014/027. UNAT rejected the Appellant’s request for confidentiality and for the redaction of his name from the UNRWA DT judgment and affirmed UNRWA DT’s reasoning. UNAT denied the Appellant’s request to submit new evidence to UNAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. UNAT held that it was for UNRWA DT to consider that it...

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to reverse the finding of UNDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. UNAT affirmed the UNDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. UNAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

UNAT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. UNDT/2014/007. UNAT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. UNAT held that there was no error of law or fact on the part of UNDT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for UNDT, UNAT held that the arguments advanced by the Secretary-General did not...