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UNAT considered an appeal by Ms Rolland and a cross-appeal against the award of damages by the Secretary-General. UNAT held that the selection process conducted by an interview panel can be rescinded under rare circumstances. UNAT noted that, in general, when candidates have received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration, the selection shall be upheld. UNAT held that Ms Rolland failed to discharge the burden of proof, by showing through clear and convincing evidence that she was...

UNAT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the UN, through UNAMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by UNAMID during the term of the Loan Agreement. UNAT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. UNAT held that, without access to the administration of justice system within the UN, the Appellant would have no right to an effective remedy from the competent tribunal in...

UNAT held that UNDT erred in deciding to review the non-attribution issue separately from the other issues. UNAT held that the appeal was receivable because UNDT had committed an error in procedure such as to affect the decision of the case. UNAT upheld the appeal, annulled the judgment and remanded the case to UNDT for a de novo review.

UNAT considered an appeal by the Secretary-General. UNAT held that no gender discrimination took place against Ms Abbasi. UNAT held that UNDT erred in finding that there was gender discrimination against her. UNAT held that the Administration applied UNICEF’s Gender Parity and Equality Policy in Ms Abbasi’s favour. UNAT did not find any violation of the right to be equally considered – or even favoured for reasons of gender – in the evaluation criteria applied or in the decisions taken by UNICEF during the selection process. UNAT upheld the appeal and vacated the UNDT judgment.

UNAT considered an appeal by the Secretary-General limited to Case 2. UNAT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. UNAT held that UNDT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. UNAT held that UNDT committed...

The staff member appealed on the ground that UNDT had made errors of fact in the judgment. UNAT recalled that in order to overturn a finding of fact, UNAT must be satisfied that the finding is not supported by the evidence or that it is unreasonable. Some degree of deference should be given to the factual findings by UNDT as the court of first instance, particularly where oral evidence is heard. UNAT dismissed the appeal finding that there were no grounds for overturning the UNDT’s findings of fact and that no other reversible errors were made.

UNAT found that there was no evidence of damages or injuries in this case. UNAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.

UNAT considered the appeals by the Secretary-General and by Mr Abubakr. Regarding the Secretary-General’s appeal, UNAT agreed with UNDT that the Administration had failed to address Mr Abubakr’s complaint of harassment and discrimination with the required due diligence. UNAT held that UNDT had not erred in law and fact in choosing not to recognize, in any way meaningful, the majority of the actions relied on by the Secretary-General to address Mr Abubakr’s complaints. UNAT held that, by virtue of the “dysfunctional” work of the Panel on Discrimination and Other Grievances (PDOG), Mr Abubakr...

Regarding the allegations that UNDT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, UNAT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. UNAT held that UNDT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

Regarding the lateral moves, UNAT held that the fact, that the selected candidate’s lateral moves were not recorded in the requisite database, was not dispositive of the issue, nor did the definition of “lateral move” in ST/AI/2006/3/Rev. 1 included such a requirement. UNAT held that UNDT’s decision on this point was based on the evidence that clearly established that the selected candidate’s lateral moves satisfied the requirements of ST/AI/2006/3/Rev. 1. Regarding the work experience, UNAT held that the evidence before UNDT supported its finding that the selected candidate had at least 10...