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UNAT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. UNAT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. UNAT held that the compensation awarded by UNDT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. UNAT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...

UNAT held that the Appellant failed to establish that the UNDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, UNAT held that it was new evidence, for which leave was required, in order to adduce it before UNAT. UNAT did not find any exceptional circumstances existed to require it to consider the new evidence. UNAT held that UNDT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

UNAT considered an appeal by the Secretary-General of the Compensation Case, an appeal by Mr Shkurtaj of the Ethics Policy Case, and a cross-appeal by Mr Shkurtaj of the Compensation Case. UNAT held that a former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose from his or her employment and that there must be sufficient nexus between the former employment and the impugned action. UNAT held that an award for damages was justified in the circumstances. UNAT held that the amount of fourteen months’ net...

UNAT held that UNDT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC’s power. UNAT held that UNDT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant’s terms of employment “specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM”. UNAT held that UNDT had properly observed that an “incomplete application may therefore be one which is missing...

UNAT considered Ms Comerford-Verzuu’s appeal and the Secretary-General’s cross-appeal, regarding whether UNDT was correct in holding that the contested decision was dated 2 August 2005 and that the request for administrative review was time-barred. UNAT found that the OIOS reply of 2 August 2005 was the administrative decision of which Ms Comerford-Verzuu was seeking a review. UNAT held that the subsequent correspondence was unwarranted and did not extend the time limit for seeking administrative review of the first administrative order. Accordingly, the time limit for seeking administrative...

UNAT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before UNDT. However, UNAT held that UNDT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the UNDT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

UNAT considered an appeal by the Secretary-General limited to the matter of compensation. UNAT held that the appeal had to be allowed in part because UNDT erred in setting the compensation in lieu of reinstatement at two years’ net base salary without considering that Mr Gakumba’s previous fixed-term appointments were one year each. UNAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year’s net base salary. UNAT affirmed the UNDT judgment on compensation for non-pecuniary damages and held that no error of law was...

UNAT considered an application of the Secretary-General for interpretation of judgment No. 2012-UNAT-240. UNAT held that the application did not fulfil the requirements of Article 11 of the UNAT Statute and was therefore manifestly inadmissible. UNAT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. UNAT rejected the Secretary-General’s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

UNAT considered an appeal by the Secretary-General. UNAT held that it could not sustain the conclusion of UNDT that Mr Koutang’s actions did not amount to misconduct. UNAT held that the sanction imposed was not unreasonable, absurd, or disproportionate and, as such, UNAT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters. UNAT held that UNDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. UNAT allowed the appeal and vacated the UNDT judgment.

UNAT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified UNJSPF in October 2003 of his marriage to Mrs Sidell and UNJSPF requested him to provide his original marriage certificate, which he did; and UNJSPF did not follow up with Mr Sidell about the matter. UNAT held that UNJSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell’s pension record was corrected and that his marriage to Mr Sidell was recognised by UNJSPF. UNAT held that, in the circumstances, it was...