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The UNAT considered an appeal by Ms. Mukomah.

The UNAT held that Ms. Mukomah’s submission that she was the spouse of the late participant at the time of his death and is therefore entitled on that basis to a widow’s benefit under Article 34 of the Fund’s Regulations, was not sustainable based on the evidence before the UNAT. 

The UNAT found that there was insufficient evidence proving that the late participant and Ms. Mukomah lawfully entered a (second) union legally recognized by the competent authority of Kenya conferring similar legal effects as a marriage in relation to pension rights...

The Tribunal notes that it follows from ST/SGB/2019/2 that the Secretary-General has delegated the relevant authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (“the USG”), who in turn, has sub-delegated it to the ASG in accordance with a table of sub-delegation dated 1 March 2021 that the Respondent has submitted in evidence.  In a note on “delegation details” valid from 15 April 2021 is stated that, “This sub-delegation of decision-making authority addresses a technical error in the attachment of the sub-delegation of decision-making authority issued on...

The logical consequence of rescinding the contested administrative decision would be to remand the case to DHMOSH for a new consideration in light of the Tribunal’s findings in the present case. As the basic legal premise for the contested administrative decision was flawed, the Tribunal find that this would be the most appropriate remedy in the present case (in line herewith, see the Appeals Tribunal in Gueben et al. 2016-UNAT-692, para. 48). In this regard, the Tribunal notes that it has no jurisdiction as to directing the work of a potential medical board or the ABCC. The Tribunal finds...

Regarding the applicable Appendix D to the present case, the Tribunal notes that in the current Appendix D (ST/SGB/2018/1/Rev.1), it is stated that “[f]or claims filed for incidents that occurred prior to the entry into force of the present revised rules, the previously applicable rules will be applied” (see art. 6.1(b)). According to the Applicant’s own factual submissions, whereas his compensation claim was submitted on 29 June 2018, it concerned incidents that occurred somewhere between 2015 and until his medical leave started in August 2017. The applicable Appendix D is therefore one...

UNAT held that the Appellant had no standing to seek consideration by a full bench. UNAT held that to the extent UNDT engaged in a fact-finding exercise of its own, this was not a legitimate exercise of its competence. UNAT held that the Administration’s failure to provide adequate reasons for the contested decision resulted in the contested decision being unlawful. UNAT held that the Administration’s failure to exercise its discretion with regard to carrying out an investigation also rendered the contested decision unlawful. UNAT allowed the appeal in part. UNAT vacated the UNDT Judgment by...

UNAT disagreed and found the background of the prior retaliation against the Staff Member affects the principle of the presumption of regularity. In light of the circumstances of this particular case, UNAT found the Administration bore the obligation to justify the lawfulness of its decision to cancel the Job Opening. UNAT thus found the UNDT erred by not requiring the Administration to establish its justification in law for the cancellation of the Job Opening. The administrative decision to cancel the Job Opening was rescinded, and the Tribunal set in lieu compensation at two years’ net base...

UNAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the UNSPC once they met the prerequisites for election, which they did. UNAT held that both staff members were duly elected members of the UNSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. UNAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...

Regardless of how the Applicant may intend to define the contested decision, it is clear from the application and its supporting documents, as well as from the request for management evaluation, that the events in dispute date back to March and April 2019. The Applicant therefore missed the 60-day deadline to request management evaluation of the contested decision. The application not receivable ratione materiae.

UNAT considered an application for interpretation of judgment No. 2010-UNAT-026bis. UNAT held that the language of the judgment was clear in its meaning and required no interpretation. UNAT denied the application.

UNAT noted that the Appellant was asked to present updated medical information to support her request for a review of her case and failed to do so. UNAT held that no prejudice existed against the Appellant, since she had an opportunity to present updated medical evidence within the scope of the review of her case. UNAT dismissed the appeal and affirmed the Standing Committee decision.