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The UNAT denied the Appellant’s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The UNAT also denied the Appellant’s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The UNAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the UNDT. The UNAT observed that given...

The UNAT denied the Appellant’s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.

The UNAT held that the Appellant’s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.  

The UNAT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...

The UNAT held that there was no reason why the Appeals Tribunal should intervene and modify the UNDT’s findings, which were both reasonable and equitable. The UNAT noted that while the hiring of the casual workers was not part of Mr. Saleh’s official duties, Mr. Saleh coordinated and supervised the work of the UNHCR implementing partner which was responsible for hiring at the warehouse, and Mr. Saleh also had the function of overseeing the warehousing operations. Given these responsibilities, as well as his previous intense involvement in the setting up and management of the warehouse, which...

The Tribunal found that the Applicant had performance shortcomings as evidenced by the 2016 to 2019 ePADs and by the fact that he failed to initiate the 2020 ePAD.

The Applicant was aware or could reasonably be expected to have been aware of the required performance standards.

The Applicant was given a fair opportunity to meet the required standard and the Administration did not err by not availing him more opportunities to improve considering the totality of circumstances in this case.

The totality of circumstances supported a finding that the termination of the Applicant's appointment was...

Mr. Hassan appealed the UNDT judgment. 

The UNAT held that the Appellant failed to demonstrate that the UNDT erred in finding that his application was not receivable ratione personae.  UNAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member.  He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment.  Moreover, there was no offer of...

While, arguably, changing the title of a position may carry the same effect as abolishing it, the two actions are not synonymous under the UNHCR legal framework.  Since “discontinuance/abolition of post” and “change of position title” are separately provided for under the UNHCR New Resource Allocation Framework (UNHCR/AI/2019/7/Rev.1), it follows that they are independent of each other. Indeed, the above provision has explanatory language indicating that “discontinuance of a post” is “same as abolition of a post defined in the Staff Regulations and Rules of the United Nations”. No such...

In this case, the facts were established and there was clear and convincing evidence that the Applicant committed fraud on purpose.

The Applicant’s conduct amounted to a breach of his basic obligations under staff regulations 1.2(b) and (g), staff rule 1.2(i), and the Strategic Framework for the Prevention of Fraud and Corruption.

The evidence is clear and convincing that the Applicant acted with knowledge and intent to mislead (and even with a possible personal economic interest).

Given the nature and gravity of the Applicant’s misconduct, the sanction is not absurd, unreasonable, or...

The issue at stake in the case at hand is whether the Applicant has a legitimate interest in maintaining current legal proceedings. The evidence on record shows that the Respondent rescinded the contested decision on 23 March 2023. The Applicant acknowledged this in her rejoinder but considers that her grievances are not resolved because she “also requested consideration for new assignments and a reissuance of the 3 August 2022 letter”.However, the 23 March 2023 letter, which clearly rescinded the contested decision, amounts to a reissuance of the 3 August 2022 letter. It follows that the...

The UNAT first addressed the staff member’s request for an oral hearing.  The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation.  The UNAT rejected this argument, noting that the appeal was a review of the UNDT judgment based on the evidence presented to the UNDT, and the staff member had not applied to present new evidence.  The UNAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration.  The request for the oral hearing was denied. ...

The compulsory nature of education at any level is not one of the eligibility requirements for the education grant. The determining factor is the binding nature of the start of formal primary education. Paragraph 4.2(d) provides for an exception only if an earlier start of formal primary education is required by law. In other words, it creates an exception to the five-year age-based definition of “primary level” set forth in para 4.2(c). The legal minimum level of education for education grant eligibility purposes remains the primary level.
Furthermore, the Hungarian Act on National Education...