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UNAT addressed the staff member’s appeal seeking reversal of the UNRWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. UNAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. UNAT held that the Appellant’s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. UNAT held that UNRWA DT was correct in finding that the Agency’s extension of the Appellant’s...

UNAT held that UNDT had not erred in concluding that the Administration’s decision, to take into consideration in the context of the Appellant’s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration’s subsequent change of approach. UNAT held that UNDT had correctly determined that the Appellant’s claims in this regard had become moot. UNAT held that, in rendering the Appellant’s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, UNDT had failed to give sufficient weight to a central...

UNAT rejected the Appellant’s request to have all appeal-related documents removed from her UNRWA official service file. UNAT held that UNRWA DT did not err in finding no irregularity in the decision-making process under judicial review and consequently dismissing the application. UNAT held that the Appellant had to persuade it that there were flaws in the contested administrative decision not to renew her fixed-term appointment, the proceedings that led to it, or in the UNRWA DT’s judgment, which would warrant vacating the judgment. UNAT held that the Appellant had not raised new arguments...

UNAT noted that UNDT’s review of the factual situation by necessity involved consideration of issues beyond the mere fact of the non-renewal of the Appellant’s contract and, thus, found no merit in the Appellant’s submission that UNDT’s deliberations on the issue of non-renewal took place in isolation of the facts surrounding the decision. With respect to the Appellant’s contention that UNDT failed to account for the negative impact of the non-renewal of his personal and professional life, UNAT found no error in the Secretary-General’s exercise of discretion to take action to address the...

UNAT held that the contentions against judgment No. UNDT/2009/004 were not receivable since only appeals against judgments on merits are receivable. Regarding the contentions against judgment No. UNDT/2011/080, UNAT held that there was no need to produce further documents. UNAT held that UNDT had correctly applied Article 10. 5 of the UNDT Statute in ordering compensation in lieu and that the Appellant had no right to request UNAT to order his reinstatement. UNAT noted that the non-renewal was based on a tainted performance evaluation and that UNDT, therefore, ordered the rescission of the...

UNAT considered the Appellant’s appeal. UNAT noted that, contrary to the Appellant’s contention, UNDT was not required to ascertain whether the closure of the Centre was a consequence of mismanagement or of any other factor since the primary purpose was not to get rid of the Appellant. UNAT found that UNDT did not fail to exercise its jurisdiction by not ascertaining whether the closure of the Centre was the result of serious mismanagement and irregularities. UNAT also found that the Appellant failed to submit sufficiently clear and convincing evidence that the desire to retaliate against him...

UNAT held that UNDT was correct in finding that the statement dated 26 November 2003 was neither a decision to terminate the Appellant’s appointment nor a disciplinary measure. UNAT held that the statement was merely a publicly stated opinion which had no legal consequences on the Appellant who, in addition to having already been informed on 29 October 2003 that his contract would not be renewed beyond 30 November 2003, had also declared that he would not be able or willing to continue working for UNODC after his contract expired. UNAT accordingly dismissed the appeal and affirmed the UNDT...

The Appellant contested the UNDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. UNAT held that if the Administration does not comply with a Tribunal’s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. UNAT affirmed the UNDT finding that the Administration’s decision must be deemed unlawful, as the Secretary-General refused to comply...

UNAT considered an appeal by the Secretary-General limited to the matter of compensation. UNAT held that the appeal had to be allowed in part because UNDT erred in setting the compensation in lieu of reinstatement at two years’ net base salary without considering that Mr Gakumba’s previous fixed-term appointments were one year each. UNAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year’s net base salary. UNAT affirmed the UNDT judgment on compensation for non-pecuniary damages and held that no error of law was...

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. UNAT concurred with the former Ãå±±½ûµØAdministrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member’s fixed-term appointment was not unlawful. UNAT agreed with the UNDT’s finding that the staff member had suffered no material harm from the series of renewals for short...