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UNDT did not err in law or in fact when it found that the decision to abolish the post was lawful. However, in not providing reasons for its decision to commute the six-month notice period into compensation, the Organisation failed in its duty to demonstrate that its discretion was not exercised arbitrarily, capriciously, or unlawfully. The Administration failed to meet its burden to minimally demonstrate that the Appellant was given full and fair consideration. The Administration acted arbitrarily and thus failed to exercise its discretion lawfully. The termination of the Appellant’s...

UNAT held that UNRWA DT exercised its discretion lawfully to consolidate the cases. UNAT held that the impugned decisions were taken in good faith and on a reasonable basis. UNAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew the Limited Duration Contracts at the time. UNAT held that the Appellants' argument with regard to their acquired rights being violated was without merit. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that there was no express rescission of the impugned decision by the Administration. UNAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. UNAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. UNAT held that UNDT erred in its decision, resulting in a manifestly unreasonable decision. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the matter to UNDT for proper...

Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the UNRWA Commissioner-General acted unreasonably. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

As a preliminary matter, UNAT held that UNRWA DT exercised its discretion in consolidating the cases lawfully and appropriately. UNAT held the impugned decision was taken in good faith and on a reasonable basis. UNAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. UNAT held that the Appellants’ claim that their acquired rights were violated was without merit. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that UNRWA DT exercised its discretion to consolidate the cases lawfully and appropriately. UNAT held that there was a bona fide reason to restructure and that it was operationally rational to abolish the posts and reclassify them from full-time to part-time posts at that time. UNAT held that the Appellants’ contention that their acquired rights were violated had no merit. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and “Comments on the Respondent’s comments”, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the UNHCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and “Comments on the Respondent’s comments”, UNAT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...

As a first preliminary matter, UNAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. UNAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant’s own motions and UNAT would not have asked her to disclose such information. UNAT denied the motion. As a second preliminary matter, UNAT considered a motion to respond to the Respondent’s observations on a motion. UNAT held that its RoP did...

UNAT first agreed with the UNDT that the abolition of post was not a reviewable administrative decision. Second, UNAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member’s appointment. The staff member’s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a “dry cut.” A “dry cut” happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

UNAT held that the Appellant did not meet the burden of showing that the UNDT Judgment was defective on the grounds outlined in Article 2(1) of the UNAT Statute. UNAT held that UNDT fully and fairly considered the Appellant’s allegations and there was no error of law or fact in the UNDT Judgment. UNAT held that there was no evidence that the Appellant’s gender or status of being on maternity leave factored into the decision not to renew her contract. UNAT held that the reasons proffered by the Administration for not renewing the Appellant’s fixed-term appointment, namely the lack of funding...