2010-UNAT-096

2010-UNAT-096, Antaki

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the staff member. UNAT held that the evidence supported the conclusion that the decision not to appoint the Appellant was overall lawful and did not violate her rights. UNAT noted that the Appellant was not deprived of any significant chance of being promoted because there were other candidates ranked higher than her. UNAT held that the Appellant did not demonstrate any errors in the UNDT judgment regarding the merits of the administrative decision that would warrant UNAT’s intervention. UNAT held that the Appellant did not demonstrate that she was not properly represented before UNDT. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

UNDT judgment: The Applicant contested the decision not to appoint her to a P-5 post and claimed that she had been improperly excluded from the promotion. UNDT found that the decision not to appoint the Applicant to the P-5 position was valid and lawful. However, UNDT found that there was “inappropriate imprecision and confusion of the matrices” which contributed to the Applicant’s frustration and justified an award of compensation. UNDT awarded the Applicant the sum of USD 1,000.

Legal Principle(s)

An appeal is not an opportunity for the parties to reargue their case. It does not fall to UNAT to conduct a new trial.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Antaki

Entity

DGACM

Case Number(s)

2010-097

Tribunal

UNAT

Registry Location :

New York