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The UNAT held that the Dispute Tribunal erred in law and exceeded its jurisdiction in finding that Mr. Suarez Liste be granted additional steps upon initial appointment contrary to the Grading Guidelines for language staff. The UNDT improperly broadened the definition and criteria of “relevant work experience” in the Grading Guidelines to include additional academic qualifications.  By doing so, the UNDT had created a new factor or criterion in the application of the Grading Guidelines, e.g., consideration of a Ph.D. in the step-in-grade calculation. The UNAT held that this was a policy...

In asserting whether the Administration properly determined the Applicant’s step-in-grade, the core issue before the Tribunal is whether and, if so, to what extent, the Applicant’s Ph.D. experience in Economics would constitute relevant work experience for a language professional under the Grading Guidelines for language staff.  

The documentary evidence on record shows that the Applicant did his Ph.D. in Economics from 1 October 2014 to 9 June 2019 on a full-time basis. Therefore, his Ph.D. experience in Economics would amount to around two years and four months of relevant experience...

The Secretary-General appealed.  UNAT allowed the Secretary-General’s appeal and set aside the UNDT’s Judgment. UNAT held that the correct way to make the comparison to ensure that the minimum increase in net base salary under Staff Rule 3.4(b) is achieved for the staff member is to compare both remunerations shorn of their COL and post adjustment elements and of Ms. Gonzalez Vasquez’s assessments under each. UNAT found that although not perfect because of the potential variability of Ms. Gonzalez Vasquez’s personal assessments under each, it achieves the required comparator using the GS net...

UNAT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of UNAT, UNAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. UNAT held that UNDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. UNAT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...

On the Appellants’ request for an oral hearing, UNAT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants’ request that the appeal be heard by a full bench, UNAT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. UNAT held that: UNDT was competent to review its own competence or jurisdiction; UNDT correctly applied the jurisprudence of UNAT in the definition of...

UNAT affirmed UNDT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

UNAT considered the Secretary-General's appeal and the staff members’ cross-appeal. UNAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, UNAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. UNAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...

UNAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of UNAT in terms of Article 10(2) of the UNAT Statute elected to refer the appeal for consideration by the full bench of UNAT. UNAT recalled that an administrative decision is a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects...

UNAT held that the report of the JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to UNAT. UNAT held that such a case must be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. UNAT noted that the case could not be remanded to the JAB, whose functions were removed by Agreement between the �山����and the WMO, signed on 20 January 2020 and effective the same date. UNAT remanded the case to UNDT for adjudication as a result of said Agreement on the extension of the...

UNAT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to UNDT. UNAT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to UNAT. UNAT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. UNAT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the �山����and WMO dated 20 January 2020. UNAT...