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UNAT considered an appeal by the Secretary-General. UNAT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties’ submissions. UNAT held that the Secretary-General had failed to persuade it that UNDT erred on a question of fact resulting in a manifestly unreasonable decision. UNAT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member’s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT did not err in law or in fact in determining that the contested decision was unlawful. UNAT held that there was no merit to the Secretary-General’s claim that the staff member could not challenge the decision not to reinstate him because he had entered a binding contract with the Administration when he signed the offer of appointment or the letter of appointment, both of which were silent about reinstatement. UNAT held that UNDT had correctly concluded that the reinstatement was not foreclosed by the absence of a reference...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law and fact in ordering the refund of the recovery of the overpayments for two months. UNAT held that Ms Ten Have was aware of the overpayment in April 2013 and therefore, the general rule of Section 3. 1 of ST/AI//2009/1 was applicable and the recovery of the two months overpayments was not excessive since the limit of two years could not be applied due to the staff member’s awareness of the overpayments as of April 2013, regardless of her previous ignorance or bona fide. UNAT also held that as no request for...

UNAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. UNAT held that the procedural errors did not amount to an abuse of power. UNAT held that absent an abuse of power, the compensation for moral damages had to be vacated. UNAT granted the appeal, rejected the cross-appeal, and vacated the UNRWA DT judgment in its entirety.

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. UNAT held that UNDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. UNAT held that the adverse effect on Mr Alobwede was not supported by evidence. UNAT held that the ICTR Registrar’s decision was lawful, and UNDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. UNAT held that UNDT erred in the level of award. UNAT held that the Secretary...

Noting that that the crux of the Appellant’s appeal was that UNDT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, UNAT held there was merit to the appeal. UNAT held that there was no evidence that the Appellant’s claim for moral damages was properly considered by UNDT. UNAT held that on the totality of the evidence, the Appellant had a claim for moral damages. UNAT upheld UNDT’s finding that the recruitment process was flawed in that it was affected by the perception of bias. UNAT granted the appeal in...

The Appellant appealed the UNRWA DT judgment failure to consider several points and to address compensation. UNAT held that the Appellant did not identify any of the requisite grounds in his appeal. UNAT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to UNRWA DT. UNAT upheld the UNRWA DT’s decision not to award compensation on the basis that there was no evidence in support of the Appellant’s claim of psychological suffering. UNAT held that the Appellant’s case was...

UNAT held that UNDT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. UNAT held that UNDT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant’s complaint that UNRWA DT did not address his complaint regarding the deduction by UNRWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, UNAT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the UNRWA DT when it determined these...

UNAT considered the Secretary-General’s appeal. UNAT agreed with UNDT’s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, UNAT found that UNDT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further UNAT found no merit in the Secretary-General’s argument that UNDT improperly substituted its discretion for...

UNAT considered Mr Krioutchkov’s appeal as well as the Secretary-General’s cross-appeal. UNAT preliminarily denied Mr Krioutchkov’s request for an oral hearing after finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that Mr Krioutchkov’s application was receivable by UNDT and noted that, in order to trigger the statutory time limits for each selection decision, it is necessary for the Administration to notify the unsuccessful candidates of the issuance of each of such decisions. To that end, Mr Krioutchkov only learned at the beginning of February...