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UNAT held that the Appellant did not identify any evidence that contradicted the findings of UNDT regarding the abolition of her post. UNAT recalled the broad discretion of UNDT to determine the admissibility of evidence and the discretion of UNDT to decide whether the presence of witnesses is required and to limit oral evidence. UNAT held that the Appellant failed to demonstrate that UNDT erred in declining to hear the proffered evidence. UNAT held that UNDT erred in law in allowing testimony to be given at its hearing that was neither sworn, affirmed, nor made under a promise to tell the...

UNAT considered the appeal and allowed it in part. UNAT held that the Appellant’s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. UNAT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...

UNAT considered an appeal by the Secretary-General. UNAT accepted the Secretary-General’s position that UNMIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the UNMIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. UNAT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. UNAT held that the change in the composition of the...

On the Appellant’s claim that UNDT erred in failing to hold an oral hearing, UNAT held that UNDT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. UNAT held that UNDT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...

Noting that that the crux of the Appellant’s appeal was that UNDT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, UNAT held there was merit to the appeal. UNAT held that there was no evidence that the Appellant’s claim for moral damages was properly considered by UNDT. UNAT held that on the totality of the evidence, the Appellant had a claim for moral damages. UNAT upheld UNDT’s finding that the recruitment process was flawed in that it was affected by the perception of bias. UNAT granted the appeal in...

UNAT held that UNDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, UNAT held that the Appellant failed to establish that UNDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. UNAT held that his requests for relief were denied, noting that where an irregularity has no...

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, UNAT held that there was no merit in the staff member’s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, UNAT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. UNAT held that the staff member had failed to demonstrate any error in the UNDT...

UNAT held that UNDT had properly reviewed the contested decision in accordance with the applicable law. UNAT held that there was no error in UNDT’s conclusion that the Appellant’s G-6 post, funded through government contributions, no longer exist on the 1st of August 2013, the day after the expiration of her appointment. UNAT held that the reason provided for the non-extension of appointment was supported by the evidence. UNAT agreed with UNDT’s finding that there was no evidence provided to support the allegation that the contested decision was ill-motivated. UNAT dismissed the appeal the...

UNAT held that, since the Appellant had not made an application to the UNRWA Internal Justice Committee on the issue of the recusal and conflict of interest, it would not permit the issue to be raised for the first time on appeal. UNAT held that the Appellant had failed to establish in his appeal that it was unreasonable for UNRWA DT to conclude that there was no evidence of bias in the decision to abolish his post. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT considered an appeal by the Secretary-General. On the issue of receivability, UNAT held that UNDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. UNAT held that there was no merit in the Secretary-General’s submission that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith’s request for management evaluation and the MEU’s response, on the basis that it was the role of UNDT to adequately interpret and...