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The UNAT dismissed Mr. Neupane's contention that the UNDT erred when it found that he was contesting the reassignment decision when in fact he was contesting the lack of his Field Central Review Board clearance and roster membership for the reassigned post. The application was quite unclear, and focused mainly on the question of regularity of the reassignment decision which was in line with Mr. Neupane’s request for management evaluation challenging directly and clearly his reassignment. The issue of rostering was raised only as an argument to prove the alleged procedural irregularity of Mr...

Mr. Bwalya appealed.

The UNAT found that Mr. Bwalya had not demonstrated that the UNDT erred in finding that it had been established by clear and convincing evidence that he had committed misconduct by instructing a UNDP staff member to forge a backdated Memorandum of Understanding between the Ethiopian Ministry of Agriculture and the private firm Digata and to make a misrepresentation in a second document, intentionally acting to avoid or deviate from UNDP’s Financial Regulations, Rules and Procedures through the creation of these documents, and demonstrating favouritism in the award of a...

Mr. Nastase appealed the UNDT Judgment.

The UNAT affirmed the UNDT's finding that it had not been established by evidence that the administrative decision to close his complaint was actuated by bias against him and was therefore unlawful. 

The UNAT dismissed Mr. Nastase's contention that the UNDT erred in finding that the fact that in 2019, Mr. Nastase had filed a complaint against the CIOS alleging misconduct was unrelated to his performance issues. The UNAT found that because these events were not part of his complaint of harassment and abuse of authority in relation to his performance...

As a preliminary matter, the UNAT granted AAM’s request for anonymity.  Considering that the Judgment set out medical details regarding AAM, the UNAT found it necessary to protect his confidential information.

The UNAT found that there were four issues for adjudication on appeal: 1) whether AAM’s appeal was moot/premature in light of a pending medical determination; 2) whether the UNDT erred in finding that the Controller had the delegated authority to deny AAM’s claim for compensation under Appendix D; 3) whether the UNDT erred in finding that the decision of the Controller was reasonable...

The Secretary-General appealed.

The UNAT found that the UNDT erred in law and fact and reached a manifestly unreasonable decision by concluding that Mr. Hossain had proved on a balance of probabilities that the administrative decision not to renew his fixed-term appointment had been motivated by improper motives and he had been discriminated against. The reasons proffered by the Administration for not renewing Mr. Hossain’s fixed-term appointment, namely the abolition of his post in the context of a reorganization exercise, were valid reasons. 

The UNAT further held that contrary to what Mr...

Ms. Larriera filed an appeal.  

UNAT first examined whether Ms. Larriera was entitled to file a claim under Appendix D.  UNAT found that – unlike the Pension case - for the purpose of the Staff Regulations and Rules, the law of Brazil, Mr. M’s national state, was to be the law determining his marital or domestic partnership status as at the date of his death for Appendix D purposes. That status, as determined subsequently by a Brazilian court of competent jurisdiction, was that Mr. M and Ms. Larriera were, as at the date of his death (and despite his still extant French marriage to Ms. M) in...

The UNAT reviewed the submission of the Secretary-General that Ms. Lekoetje had already repaid the amounts due to the Organization when she separated from service.  The UNAT acknowledged that Ms. Lekoetje agreed with the Secretary-General’s position, and confirmed that USD 20,987.91 had already been deducted from her final entitlements. 

Accordingly, the UNAT accepted this position, and interpreted Judgment No. 2022-UNAT-1227 as requiring a payment by the Organization to Ms. Lekoetje of a sum equal to one year’s net base salary, but without any further deductions.

The decisive fact relied on by the Secretary-General to justify a revision of the UNAT judgment  is said to be that Mr. Russo-Got inserted false information in his candidature regarding his alleged experience with NATO. The Secretary-General submits that he first became aware of this fact formally when it was made known to UNOPS after the issuance of the UNAT judgment.

UNAT held that the facts advanced by the Secretary-General, namely the allegedly false information Mr. Russo-Got had inserted in his candidature, could not be decisive of the Secretary-General’s case and enable him to now...

UNAT considered an appeal by the Secretary-General against Judgment No. UNDT/2021/032. It also considered a cross-appeal by Ms. Hilaire-Madsen claiming that the UNDT should have rescinded the Administration’s non-renewal decision and awarded her alternative compensation as well as compensation for moral damages.

As regards the lawfulness of the non-renewal decision, UNAT held that under the specific circumstances, at the material time of the contested non-renewal decision at the end of December 2018, from the point of view of a fair-minded objective observer, with the information available at...

The UNAT noted that in this case, the JAB made not a decision, but rather a recommendation to the Registrar of the ITLOS, who in turn, purported to make the decision about Mr. Savadogo’s appeal. The UNAT recognized that the ITLOS changed and consolidated the relevant Staff Regulations and Rules so that the JAB now makes decisions (from which appeals may be brought to the UNAT) rather than, as occurred in this case, recommendations to the Registrar of the ITLOS, which the Registrar may or may not accept. However, this amendment came too late for the parties in this case.  Thus, the original...