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The UNAT observed that neither party had raised whether AAQ’s application was receivable before the UNDT. The UNAT nonetheless held that because this was a jurisdictional question, it was obliged to raise the issue itself. The UNAT noted that pursuant to Article 2(1)(a) of the UNDT Statute, the staff member was obliged to identify an administrative decision that was alleged to be in non-compliance with the terms of appointment or contract of employment. Further, pursuant to established case law, the administrative decision must have both a direct and adverse effect on the employment of the...

The UNAT denied the Appellant’s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.

The UNAT held that the Appellant’s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.  

The UNAT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...

As a preliminary matter, the UNAT dismissed Mr. Qassem’s request for an oral hearing.  The UNAT found that the factual and legal issues arising from the appeal had been clearly defined by the parties and moreover, an oral hearing would not “assist in the expeditious and fair disposal of the case”.

The UNAT found that since Mr. Qassem’s fixed-term appointment was extended beyond 31 March 2020, with no effect given to the initial administrative decision not to renew his employment beyond this date, the UNDT did not err in finding that the application was moot since the administrative decision...

The UNAT dismissed Mr. Neupane's contention that the UNDT erred when it found that he was contesting the reassignment decision when in fact he was contesting the lack of his Field Central Review Board clearance and roster membership for the reassigned post. The application was quite unclear, and focused mainly on the question of regularity of the reassignment decision which was in line with Mr. Neupane’s request for management evaluation challenging directly and clearly his reassignment. The issue of rostering was raised only as an argument to prove the alleged procedural irregularity of Mr...

The Secretary-General appealed.

The UNAT found that the UNDT erred in law and fact and reached a manifestly unreasonable decision by concluding that Mr. Hossain had proved on a balance of probabilities that the administrative decision not to renew his fixed-term appointment had been motivated by improper motives and he had been discriminated against. The reasons proffered by the Administration for not renewing Mr. Hossain’s fixed-term appointment, namely the abolition of his post in the context of a reorganization exercise, were valid reasons. 

The UNAT further held that contrary to what Mr...

UNAT endorsed the UNDT’s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative.  UNAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

The UNAT considered an appeal by the UNRWA staff members. The UNAT held that the UNRWA DT was incorrect in finding that the reminder letters were not reprimands for the purposes of Appellants being able to challenge the letters’ placement in their official status files.  This was because such a reminder could not be considered a neutral action, but rather a warning of any possible disregard of the Agency’s regulatory framework.  The UNAT found that to the eyes of an average person, such a reminder is undeniably akin to a reprimand.  

The UNAT agreed with the Appellants that there is no UNRWA...

The UNAT held that the UNDT correctly found that Ms. Hanjoury was informed on 1 March 2020 that she no longer had FS-5 Administrative Assistant Roster status. This 1 March 2020 email was clear notification of her roster status and the latest date that Ms. Hanjoury knew or reasonably should have known of the challenged decision, based on objective elements that both parties could accurately determine. As a result, Ms. Hanjoury’s request for management evaluation on 6 June 2021 was beyond the 60-day deadline and therefore her application to the UNDT was not receivable ratione materiae. 

The...

The UNAT first reviewed the Secretary-General’s claim that the UNDT erred in finding that Mr. Loto’s application was receivable with respect to the entire period for which he was on ALWOP.  The Secretary-General contended that Mr. Loto had timely challenged only an initial ALWOP decision, and not a subsequent decision when the ALWOP was extended.  The UNAT dismissed the Secretary-General’s receivability argument, finding that the Secretary-General was estopped from raising it on appeal.  The UNAT observed that Mr. Loto had filed a request for management evaluation of the second ALWOP decision...

The Tribunal held that the Applicants had produced no evidence to support the premise that heterosexual couples would be awarded more days of leave than same-sex couples. The Tribunal, therefore, concluded that the claim of unequal treatment had not been proven by the Applicants. Accordingly, the application was denied.