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The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by UNDT for moral damages. The Appellant also contested the failure UNDT’s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the UNDT Statute. UNAT decided that Article 10(5)(a) of the UNDT Statute, which corresponds to Article 9 (1)(a) of the UNAT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member’s contract in a non-renewal case. UNAT, therefore, held that the Appellant’s...

UNAT considered the content of the Appellant’s appeal, the UNRWA DT judgment, and the Appellant’s request for compensation for material and moral damages and costs. UNAT found that the Appellant’s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. UNAT also held that there was no error in the UNRWA DT’s findings that the Administration’s decision not to confirm the Appellant’s appointment was solely based on his performance and that his allegations of harassment and discrimination...

UNAT held that the Appellant’s case was fully and fairly considered by UNRWA DT. UNAT found no error of law in UNRWA DT’s decision. UNAT held that UNRWA DT properly reviewed the contested decision in accordance with the applicable law. UNAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. UNAT held that, by applying objective criteria in the reduction of the staffing levels, UNRWA adhered to the principles of equality...

UNAT held that the case was fully and fairly considered by UNDT. UNAT found no error of law or fact in the UNDT decision. UNAT held that UNDT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. UNAT held that there was no error of fact resulting in a manifestly unreasonable decision. UNAT held that the UNDT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by UNAT. UNAT...

UNAT held that the UNDT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. UNAT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant’s unauthorised absence from duty. UNAT held that UNDT erred in law in distinguishing Abdallah (judgment No. 2010-UNAT-091) from the present case. UNAT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...

The Secretary-General appealed the UNDT judgment as it related to the non-renewal decision only. UNAT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. UNAT found nothing objectionable with the UNDT’s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. UNAT held that UNDT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the Ãå±±½ûµØbody which had engaged Ms Loose at the time of the separation was still...

UNAT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. UNAT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. UNAT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the UNDT judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

The Secretary-General appealed UNDT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. UNAT held that UNDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. UNAT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct in its finding that the decision to terminate the Appellant’s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. UNAT held that it was not necessary for it to deal with the issue of whether UNDT erred in its finding that the Administration failed to comply with its obligation of retention. UNAT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General’s argument that UNDT had erred in finding Mr Nugroho...

UNAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before UNDT for its consideration, UNAT should not consider them. UNAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. UNAT held that UNDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant’s fixed-term appointment. UNAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...