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UNAT found that the Applicant’s appeal was receivable because he was not notified of any written administrative decision on non-extension of his contract after 31 December 2007. UNAT found that UNDT ignored that the time limit of two months, required by rule 111. 2(a), begins to run “from the date the staff member received notification of the decision in writing. ” As the Applicant was never communicated any written administrative decision, UNAT found that UNDT erred in holding that the appeal was not receivable. UNAT set aside UNDT’s judgment and remanded the case back to UNDT to have the...

UNAT considered the Secretary-General’s appeal. UNAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. UNAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. UNAT accordingly held that UNAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant’s...

UNAT held, noting that the Appellant relied on the UNDT Rosca jurisprudence (judgment No. UNDT/2009/052) in her request for UNDT to waive the time limits for management evaluation, that the plain language of Article 8. 3 of the UNDT Statute could not be disregarded. UNAT approved judgment No. UNDT/2009/051 as the law on this issue and disapproved the interpretation of UNDT in Rosca. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the services provided by OSLA and the way the representation is implemented can have an impact on a staff member’s terms of employment and can therefore fall within the jurisdiction of UNDT, without interfering with the professional independence of counsel. UNAT held that the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in the staff member’s case could have an impact on his terms of employment and, therefore, constituted an administrative decision subject to review by UNDT. UNAT reversed the UNDT judgment and remanded the case to...

UNAT concurred with UNDT that the Appellant neither appealed the administrative decision not to select him for the post, nor challenged the selection process or the JAB’s conclusion, but rather he discussed the release of a Confidential Letter which occurred after the selection process. UNAT held that UNDT was correct in finding that the appeal was not receivable with respect to the non-promotion. UNAT held that the Appellant failed to establish that UNDT committed errors warranting the reversal of its determination that his challenge to the decision to release the Confidential Letter was not...

UNAT held that there was no reason to disagree with the UNDT judgment as the request for administrative review was clearly time-barred and the judgment did not contain any jurisdictional, factual or procedural defects. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered appeals of judgment Nos. UNDT/2010/075 and UNDT/2010/076. On the issue of being barred from the UNOV premises, UNAT noted that UNDT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, UNAT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. UNAT held that, as a holder of an SSA contract, the Appellant was no...

UNAT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). UNAT held that those steps had to have been exhausted before invoking the jurisdiction of UNDT. UNAT held that UNDT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. UNAT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. UNAT noted that UNDT has no jurisdiction to waive the requirement of a prior...

UNAT held that since the Appellant did not submit her preliminary request for administrative review within the time limit, a time limit which expired before the new Staff Rules came into force, UNDT had no alternative than to reject her application as not receivable. UNAT dismissed the appeal.

UNAT took into account that the Appellant only made his request some 29 months after the expiration of the deadline and that he did not submit any medical report. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and upheld the UNJSPB decision.