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UNAT held that UNDT did not err in fact or in law in finding that the Appellant did not request management evaluation of the disputed decision and that his application was therefore not receivable. UNAT agreed with UNDT that the Appellant did not have standing to challenge a decision affecting his right to consultation as a staff representative. UNAT held that the Appellant had failed to demonstrate any error of law or fact committed by UNDT in arriving at its judgment that his application was not receivable regarding the fact that the contested decision had no direct legal consequences...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General’s appeal had no merit, it...

UNAT held that UNRWA DT had correctly determined that the Appellant had failed to comply with the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. UNAT held that the Appellant had never sought review of the decision to separate him from service, failing to comply with Article 8.1(c) of the UNRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. UNAT affirmed UNRWA DT’s finding...

UNAT considered an appeal by the Secretary-General which was limited to the UNDT’s award of compensation in lieu of rescission, which he claimed was excessive. UNAT held that since the Secretary-General did not contest Ms Sarrouh’s claim for compensation before UNDT, he could not raise the issue on appeal. UNAT held that UNDT’s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. UNAT held that in the absence of any error of law or manifestly...

UNAT held that the reason upon which UNDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. UNAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by UNDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the UNDT judgment. UNAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

Citing the Teferra judgment, the Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2 of the UNDT Statute and Staff Rule 11.4 (a). The Tribunal found that there was nothing on the record to show that the administration gave specific instructions to the hospitals in Kenya not to provide medical services to the Applicant. The Tribunal found that the Applicant was not able to receive medical services on an occasion due to his lack of diligence in obtaining a MIP card for himself and his family members, despite the numerous attempts...

Abolished posts: The onus is on the Respondent to show that the Organization acted correctly towards the Applicant as a permanent appointee on an abolished post and to demonstrate what good faith steps it took, in accordance with its legal and policy obligations, to assist her with finding alternative employment.Manifest abuse of process: A withdrawal of an admission of liability upon which the parties have relied may result in a finding of manifest abuse of process warranting award of costs.Outcome: Relied ordered: (i) 9 months’ net base salary (breach of rights and loss of chance of...

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal’s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...

The Tribunal found that the Administration had erred in giving to the Applicant an appointment whose expiration date went well beyond his retirement age but that it duly rectified this error by separating him from service. It also found that the Applicant had been sufficiently compensated by the Respondent. Nature of contractual relationship: The contracts by which the Organization employs staff members are not regular contracts, given the particular relationship established between staff members and the Organization, and they are for the most part governed by the Staff Regulations and Rules...