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The UNAT found that the UNRWA DT did not err in its award of in-lieu compensation. It appropriately considered Mr. Fanous’ chance of selection for the post when it stated that it considered there was no guarantee of a future selection. The UNRWA DT applied a context-specific lump sum amount.  It considered the likelihood of selection and Mr. Fanous’ salary at the time. It made a determination that was fair and just in the present case but also took a principled approach that considered all relevant considerations.

As to Mr. Fanous’ request for moral damages, with regard to the First and...

The Secretary-General filed an appeal.

The Appeals Tribunal found that the UNDT exceeded its jurisdiction and erred in law when it interpreted Staff Rule 6(3)(a) as allowing Ms. Barbulescu as a commissioning mother in a surrogacy to be entitled to maternity leave contrary to the clear and unambiguous Staff Regulations and Rules. The UNDT enlarged the scope of Staff Rule 6(3) to an extent that it made a policy decision which is in the purview of the Secretary-General.  Further, the Dispute Tribunal erred in making factual findings without evidence.

The Appeals Tribunal however held that the...

The UNAT noted that several months after the Secretary-General had been notified of the Judgment, the only action taken was that some responses had been elicited from four staff members alleged in the complaint to have engaged in misconduct and that “these responses alongside the 22 pages and 18 annexes” to the complaint were under review.

Noting the justification of the Secretary-General for the inaction that in the instant matter, no specific time had been set for execution, the UNAT held that the Administration had not acted as promptly as per the obligations imposed on it, "within a...

The UNAT considered an appeal by the Secretary-General of WMO.

The UNAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The UNAT noted that the UNDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The UNAT was of the view that WMO’s decision purporting to rescind its agreement affected the staff member’s established career and personal...

The UNAT held that the Appellant’s travel was not authorized pursuant to Staff Rule 7.10 because she had just one approved day of annual leave on 24 June 2021 followed by a period of R&R from the 12 July to 16 July 2021.  The UNAT also found that the Administration took the appropriate action by sending her on 25 July 2021 an e-mail reminding her that all the international staff members had to submit their Sudanese visa renewal application in a timely manner.  The UNAT held that the events that delayed the Appellant’s return to her duty station could not be construed as force majeure as they...

The UNAT declined Mr. Turk’s request for an oral hearing, and found no error in the UNDT’s decision not to order the production of additional documents.

The UNAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The UNAT also confirmed that the Tribunals will not interfere with the Organization’s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the UNAT held that the...

The UNAT held that there was a clear disjunct in the UNDT’s decision to grant Mr. Nair’s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision.  The UNAT noted the confusion presented by UNDT’s finding that “no misconduct occurred at all”, while at the same time accepting that Mr. Nair had “repeatedly reacted and used hostile language” which justified, in the UNDT’s view, the imposition of administrative measures. The UNAT held that the administrative measures under Staff Rule 10.2(b)...

The UNAT concluded that the Dispute Tribunal had been guided by the appropriate factors in making its award of compensation in lieu.  Specifically, the UNDT had considered the seniority of the staff member, the type of contract he held and the chance of being offered equivalent positions, the reasons for termination, and months of service until retirement age.  In light of the UNAT’s deference to the UNDT in such matters, the UNAT found it to be an adventure in futility to re-examine these factors.

The UNAT rejected the Secretary-General’s contention that the length of the Temporary Job...

The UNAT held that the decision to cancel the appointment process and initiate a new process was one which fell squarely within the discretionary authority of the Administration. Given that a new appointment process had been embarked upon, there was no longer any administrative decision alleged to be in non-compliance with AAP’s terms of appointment or contract of employment. Any dispute concerned with the initial appointment process was moot in the sense that there was no live issue in dispute which required determination by the UNDT. The UNAT held that the UNDT correctly dismissed AAP’s...

The UNAT held that the UNDT erred in holding that the Administration misinterpreted one of the requirements for the position advertised in JO 127555, namely “experience in leading large teams”, as requiring experience of direct supervision of 10 people or more.  The UNAT further found that the vacancy announcement allowed for a such contextual interpretation as the literal meaning of “lead” is very general and does not, by itself, allow for an exact comprehension of the intended meaning.  Therefore, the UNAT held that it was reasonable for the Administration to interpret the requirement of...