�山����

UNAT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. UNAT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. UNAT dismissed the appeal.

The Secretary-General filed appeals against UNDT Orders. UNAT determined that, generally, only appeals against final judgments are receivable. UNAT noted that an interlocutory appeal is receivable exceptionally in cases where UNDT has clearly exceeded its jurisdiction or competence. UNAT held that it would not interfere lightly with the broad discretion of UNDT in the management of cases. Further, UNAT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before UNDT could seldom proceed if either party were able to appeal interlocutory...

UNAT considered an appeal against Order No. UNDT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, UNAT held that the Order had no practical effect following the withdrawal of the request for suspension of action. UNAT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. UNAT dismissed the appeal.

UNAT held that none of the reasons for the delay asserted by the Appellant justified a 17-month late appeal. UNAT held that it would consider only the time issues because the case was so clearly out of time. UNAT held that any alleged error by UNDT in considering the merits was moot. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT, applying Bertucci (2010-UNAT-062), rejected as not receivable an interlocutory appeal against UNDT’s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within UNDT’s jurisdiction. The alleged lack of jurisdiction of UNDT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. UNAT further held that the appeal against UNDT’s order for production of the OIOS...

UNAT held that UNDT’s decision on an Appellant’s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the UNAT Statute, since no appeal had yet been filed. UNAT held, therefore, that UNDT’s decision on the Appellant’s request of extension could not be appealed. UNAT dismissed the appeal and affirmed the UNDT judgment.

In judgment No. 2010-UNAT-050, UNAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the UNDT judgment. UNAT held that UNDT had correctly concluded that it had no jurisdiction to receive the Appellant’s appeal before the JAB. UNAT dismissed the appeal and affirmed the UNDT judgment. In judgment No. 2010-UNAT-050/Corr. 1, UNAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. UNAT rejected the Secretary-General’s submission that the appeal was...

UNAT preliminarily rejected the request for an oral hearing since there was no need for further clarification. UNAT held that the appeal was not receivable for not being filed against a final judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. UNAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, UNAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

UNAT considered an appeal by the Secretary-General appealed against the UNDT judgment to seek a clarification of the ratio of the judgment with regard to the way in which UNDT had applied the principle of preponderance of evidence and ignored the Secretary-General’s submissions on the basis of “minimal showing” that the Applicant had been fairly considered. UNAT held that it would not examine the legal submissions in the appeal since the case had been decided in favour of the Secretary-General. UNAT held that none of the grounds of appeal pleaded was valid under Article 2.1 of the UNAT Statute...