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The UNAT, citing the principle of res judicata, noted that the authority of a final judgment could not be so readily set aside. The UNAT held that the limited grounds and the gravest of reasons required for setting aside a final judgment by an appellate court are not met in this case.

The UNAT found that, as the staff member also acknowledges, the current request fell outside of the permissible grounds for revision, correction, or interpretation.

The UNAT decided that there were no grounds for it to review this matter in any way, dismissed the staff member's application and affirmed the...

The UNAT held that the UNDT was correct to find that there was clearly sufficient evidence to support the Administration’s conclusion that the staff member’s performance only partially met expectations, and that this concern was communicated to him. Although the Rebuttal Board’s confirmation of the rating, and the preparation of a second short-term performance appraisal occurred after the non-renewal was taken, the UNAT concluded that these reviews nonetheless confirmed that management’s prior informal evaluation of the staff member’s performance was not arbitrary but was instead well-based...

Mr. Ronved appealed.

The UNAT dismissed the appeal and affirmed the UNDT Judgment.

The UNAT held that the UNDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.  The contested decision before the UNDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the UNDT.  The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.  Therefore, the request for management evaluation of both decisions was...

The UNAT denied the Appellant’s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The UNAT also denied the Appellant’s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The UNAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the UNDT. The UNAT observed that given...

The UNAT considered an appeal by the Secretary-General.

The UNAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The UNAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The UNAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...

The UNAT considered an appeal by the staff member.

The UNAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The UNAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The UNAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The UNAT found that the UNDT had made an error of fact...

The UNAT considered an appeal by the staff member.

The UNAT held that the UNRWA DT’s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The UNAT found that there was an error in the UNRWA DT’s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the UNRWA would have found her unsuitable for the role at the end of the probationary period.

The UNAT was of the view that the UNRWA DT’s methodology of fixing...

The UNAT found that the UNDT made several errors of law and of fact leading to a manifestly unreasonable outcome. 

In particular, the UNAT found that the UNDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General’s witnesses. The UNDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation’s findings. The UNAT found that the UNDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The UNAT held that the absence of a case management discussion and an oral hearing before the UNDT was not a procedural error.

The UNAT found that the UNDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred.  The UNAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant’s objective...

The UNAT held that the UNDT did not err in finding that the facts underlying the written reprimand were established. The UNAT agreed that Ms. Kamara-Joyner’s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for UNOMS and as President of UNPAD. The UNAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...