Ãå±±½ûµØ

Mr. Ronved appealed.

The UNAT dismissed the appeal and affirmed the UNDT Judgment.

The UNAT held that the UNDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.  The contested decision before the UNDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the UNDT.  The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.  Therefore, the request for management evaluation of both decisions was...

The UNAT held that the UNDT erred with respect to the period for which the staff member was entitled to an SPA.  The UNDT found that the requirements for an SPA had been met for the period 1 August 2015 to 31 January 2018, but due to the timing of his request in December 2018, he was entitled to payment only starting 21 December 2017.  The UNAT agreed with the Secretary-General’s argument that even this payment was in error, because the staff member’s claim to the SPA was made several years after the entitlement to the initial payment came into play in August 2015.  The UNAT held that the...

Regarding the ex-gratia claim, the Tribunal observed that the evidence of the fact that the Applicant was carrying out the functions of a P-4 post could be noted from the fact that the functions which the P-4 currently is performing are the same as those which the Applicant was performing before she was reassigned in 2021. The Tribunal, thus, concluded that the Administration violated the Applicant’s right to equal pay for equal work. The Applicant had the right to be compensated for her functions at the proper level, and therefore, she had the right to retroactive payment of salary lost...

The challenge against the decision to grant the Applicant a special post allowance (SPA) instead of a temporary promotion was found to not be receivable ratione materiae for the lack of an administrative decision. The Tribunal also considered that this claim was not receivable due to the absence of a timely management evaluation request.  The challenge against the decision to find the Applicant ineligible to apply for a job opening at the P-5 level was found receivable given that the management evaluation request was filed within two months from the application for the job opening.  The...

UNAT held that there were exceptional circumstances in this case that required a waiver of the time limit, with respect to A/RES/63/253. UNAT held that the JAB showed inconsistency in its treatment of the cases of Tabari and Shehadeh; both cases were decided on the same day by the same panel, but in Tabari’s case there was a split verdict with the majority view being that there was no administrative decision that Tabari could appeal. UNAT held that the Appellant successfully demonstrated the manner in which the anomaly had arisen and noted that the Internal Review Panel took no action to...

UNAT noted that there was no dispute that the Appellant was designated by the Director of OCHA Geneva as Officer-in-Charge (OiC) of the Financial and Administrative Unit, following the reassignment of the holder of the post (a P-5 post) to other functions. UNAT held that UNDT had properly determined that the transfer of the P-5 holder “with his post’’ had the effect that there remained no “vacant’’ or “temporarily vacant’’ post against which the Appellant, albeit performing the functions of the post holder, could point to for the purposes of making the case for payment of a SPA. UNAT held that...

UNAT considered an appeal by the Secretary-General. On the award of costs, UNAT held that the calling of a witness in good faith and with the reasonable aim to bolster the views of the Administration did not constitute an abuse of process warranting the award of legal costs and granted the appeal on that point. UNAT dismissed the Secretary-General’s appeal of the award of prospective compensation of the monetary equivalent of the Special Post Allowance for an uncertain duration. UNAT found no merit in the Secretary-General’s appeal against the award of compensation for loss of opportunity...

UNAT considered an appeal by Mr Survo and an appeal by the Secretary-General. UNAT held that UNDT had not erred in the procedure, including in its findings regarding receivability. UNAT held that UNDT had not erred in law in relation to the matters raised by Mr Survo. UNAT held that UNDT had not erred on a question of fact such as to render the decision of UNDT manifestly unreasonable. On the Secretary-General’s appeal of the Special Post Allowance (SPA) issue, UNAT held that UNAT had no primary legal or factual basis from which it could conclude that Mr Survo had properly sought management...

UNAT held that both the ASC and APD bestow discretion on the Agency to pay an AAA. UNAT held that the two instruments, the ASC and the APD, were easily reconcilable. UNAT held that the ASC deals with the specific situation where an Area staff member acts in an International professional post, while the ADP deals with all other cases of acting appointments. UNAT held that there was no manifest intention or inevitable construction that the Agency intended to abrogate the specific policy in the ASC. UNAT held that UNRWA DT was correct in its finding that the ASC had not been implicitly abrogated...

UNAT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. UNAT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. UNAT dismissed the appeal and affirmed the UNDT judgment.