Ãå±±½ûµØ

UNAT considered the Secretary-General’s appeal, specifically whether General Assembly resolutions 63/250 and 65/247 apply to staff in the General Service category, and whether Staff Rules 4.14(b) and 4.16(b) apply to staff at the General Service level. With respect to the first issue, UNAT found no error in UNDT’s reasoning that Paragraph 23 of section II of General Assembly resolution 63/250 and Paragraph 50 of section VI of General Assembly resolution 65/247 include two categories of staff members in the United Nations Secretariat who have the right to be granted a continuing appointment...

UNAT considered the appeal. UNAT noted that while only final judgments of the UNDT are appealable, exceptions may be made when UNDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. UNAT held that an order denying an application for suspension of action does not constitute UNDT exceeding its jurisdiction. UNAT further noted that UNDT correctly found that it had no jurisdiction to grant the application under Article 10(2) of the UNDT Statute. UNAT held that the appeal was not receivable ratione materiae.

UNAT considered the Secretary-General’s appeal. UNAT held that Mr Kucherov did receive full and fair consideration for the post which was finally filled by another candidate. UNAT found no flaw in the competitive selection procedure and agreed with the Secretary-General that the UNDT judgment contained errors of fact and law. UNAT noted that Section 7. 5 of ST/AI/2010/3, as amended, does not require a job opening to identify the specific assessment method to be used for the evaluation of technical skills. Rather, it provides that it may include a competency-based interview and/or other...

UNAT held that the Appellant did not address any error of fact or law in the UNDT judgment. UNAT held that the irregularities in the procedure did not amount to a breach of the Appellant’s due process rights. UNAT held that it was irrelevant whether the Appellant filed his application before UNDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT affirmed UNDT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

UNAT rejected the request for an oral hearing finding that there was no need for further evidence. UNAT held that UNDT had erred in law and procedure when it did not consider the Appellant’s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. UNAT held that it was impossible for the Appellant’s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. UNAT held that the case was similar to the related case disposed...

UNAT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, UNAT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. UNAT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

UNAT held that the fact that the non-renewal decision was communicated verbally was, by itself, of no consequence since there is no explicit requirement in law for such notification to be in writing. UNAT noted that Staff Rule 11. 2(c) does not require a written notification as a prerequisite to contest an administrative decision. UNAT affirmed the UNDT judgment dismissing the staff member’s application but set aside it's finding that the application was receivable.

UNAT held that there was no merit to the Appellant’s claims that UNDT failed to exercise its jurisdiction or erred in law by using the summary judgment procedure to determine the application was not receivable ratione materiae. UNAT held that the application to UNDT did not challenge an administrative decision that was alleged to be in non-compliance with the terms of appointment or the contract of employment of the staff member, rather the Appellant challenged the MEU’s wording in a letter to him acknowledging the receipt of his grievance or complaint. UNAT held that UNDT did not err in law...

UNAT had before it an appeal against both UNDT/2016/106/Corr.1 and UNDT/2016/106/Corr.2 which did not concern the determination on the merits of the application, but rather the rejection of the Appellant’s application for interim measures by the UNDT and certain conduct by the UNDT and its Registrar. UNAT held that the Appellant’s criticisms of the UNDT decision to amend its own Judgment were well-founded as the corrections went beyond clerical mistakes or errors arising from any accidental slips or omissions; they were unexplained corrections that altered the main findings of the Judgment and...