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UNAT held that UNDT properly determined that the issue before it was the failure of the Administration to address the Appellant’s formal complaint. UNAT held that there was no error of law or failure to exercise jurisdiction on the part of UNDT with regard to the Appellant’s request for an investigation. UNAT held that it was satisfied that the award by UNDT of USD 40,000 constituted sufficient satisfaction for the Appellant. UNAT held that UNDT correctly refused to entertain the request for compensation for economic loss because the Appellant’s separation from service was not the subject of...

UNAT vacated UNDT’s award of CHF 5,000. UNAT held that, while UNDT had the power to award costs for manifest abuse of proceedings before JAB, UNDT erred in finding that the Secretary-General’s delay in responding to the JAB report constituted a manifest abuse of proceedings. UNAT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. UNAT held that, before UNDT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...

UNAT held that the grounds for appeal were not substantiated. UNAT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, UNAT upheld the UNDT’s reasonable decision to accept the opinions of the attending doctor at the hospital and the UNIFIL Chief Medical Officer concerning the approximate time of Mr McKay’s death being some hours prior to Mr McKay arriving at the hospital. UNAT held that it was correct to conclude, as UNDT did, that, regardless of any deficiency...

UNAT considered both the two appeals by the Secretary-General and two cross-appeals by Mr Charles in judgment No. 2014-UNAT-416. UNAT held that that Section 9 of ST/AI/2010/3 was clear in giving the head of department/office the discretion to make a selection decision from candidates included in the roster. UNAT held that it was not open to UNDT to conclude that Section 9. 4 required the head of department/office to first review all non-rostered candidates before selecting a rostered candidate. UNAT held that UNDT erred in law in deciding that the appointment of the rostered candidates was...

UNAT considered an appeal by the Secretary-General. UNAT held that the absence of any breach of the staff member’s substantive or procedural rights during the selection exercise precluded the award of moral damages to him. UNAT held that the staff member could not show a breach of a fundamental nature or that he suffered harm, stress or anxiety directly linked or reasonably attributed to a breach of his substantive or procedural rights. UNAT held that the Administration’s failure to respond to staff members’ repeated requests for information was not a breach of his substantive contractual...

UNAT held that UNDT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. UNAT held that UNDT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant’s complaint that UNRWA DT did not address his complaint regarding the deduction by UNRWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, UNAT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the UNRWA DT when it determined these...

The Secretary-General appealed. UNAT held that UNDT erred on a question of law when it concluded that the procedure was flawed on the basis that it was not sufficient for the Assistant Secretary-General/Controller to countersign and approve the UNCB recommendation and that a separate and reasoned decision was necessary for the regularity of the administrative procedure. UNAT held that UNDT erred in law in finding that there was a procedural delay and, therefore, granting compensation. UNAT granted the appeal and vacated the UNDT judgment insofar as it awarded compensation for the procedural...

The UNDT considered that the Applicant’s initial complaint was meeting all the requirements contained in sec. 5.13 of ST/SGB/2008/5. It noted that the decision not to initiate a formal fact-finding investigation was made only six months after the complaint had been lodged hence it did not meet the requirement of ‘promptness’ contained in sec. 5.3 and sec. 5.14 of ST/SGB/2008/5. Further, the UNDT found that the course of action chosen by the ASG/OHRM, which consisted in asking first the alleged offender for his views, had no legal basis in ST/SGB/2008/5. Having considered the definition of the...

Decision of a technical body: A rebuttal panel should be considered as a technical body as per the provision of staff rules 11.2(b). Consequently, a decision of a rebuttal panel is not subject to management evaluation as a prerequisite before filing an application before the Tribunal. The preeminent purpose of management evaluation is to reconsider the initial decisions taken by the Administration. Where such reconsideration is delegated to a specialized body, there is no need for further administrative review. Rebuttal panel: The panel’s mandate is fixed for two years and ST/AI/2002/3 did not...

The Tribunal found that the USG/DESA complied with ST/SGB/2008/5 by closing the case and providing the Applicant with a summary of the Investigation Panel’s findings and conclusions. However the applicable mandatory time limits for assessing the complaint, appointing the panel and submitting the final investigation report were not respected. The Applicant is awarded a compensation in the total amount of USD2,300. The Tribunal found that there was no evidence that the Investigation Panel did not gather sufficient evidence or erred in reaching its findings and conclusions presented in the report...