51³Ô¹Ï

UNAT noted that the Appellant merely repeated arguments submitted before UNDT and recalled that an appellant has the burden of satisfying UNAT that the UNDT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. UNAT held that Secretary-General’s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. UNAT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for...

UNAT considered that: the Appellant had responded in the negative to two questions about his experience in the pre-screening questions, but that he was long-listed; UNDT had decided that the hiring manager did not commit a procedural error in not evaluating all candidates, but took into consideration the objective criteria i. e. the years of experience required; the Administration was in a position to justify its decisions as not arbitrary; and the Appellant failed to meet his burden of proving the alleged discrimination. UNAT held that the appeal expressed disagreement with the impugned...

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 an appeal by the Secretary-General. As a preliminary matter, UNAT dismissed Ms Guzman’s Motion to file an Addendum to Answer the Secretary-General’s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by UNAT. On the merits, UNAT found that UNDT’s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman’s amended Motion of...

UNAT considered the appeals by the Secretary-General challenging UNDT’s determination that the decision not to investigate UNSU election matters was receivable. UNAT held by majority that the appeal was not receivable, based on jurisprudence that a party may not appeal against a judgment in which it has prevailed. UNAT noted that although UNDT reviewed the merits of the decision despite the Secretary-General’s argument that the decision was not receivable ratione materiae, UNDT found in favour of the Secretary-General. UNAT held that, as there was no negative impact to the Secretary-General...

The Secretary-General appealed UNDT’s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. UNAT only considered the receivability of this appeal. UNAT held that alleged excess of jurisdiction or competence on the part of UNDT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. UNAT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the UNAT Statute is that only final judgments of...

UNRWA DT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. UNAT held that UNRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. UNAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

UNAT considered three appeals by Mr Bastet against Order No. 96 (NY/2013), Order No. 58 (GVA/2013)), and Order No. 160 (GVA/2013). Regarding UNDT Order No. 96 (NY/2013), UNAT held that the decision to transfer the Appellant’s case to Geneva fell squarely within the jurisdiction and competence of UNDT. Regarding the second complaint, namely that UNDT exceeded its competence and/or erred in law, fact, or procedure in restricting disclosure of documents and witnesses, UNAT held that to order, or not to order certain documents also fell within the discretion of UNDT. UNAT held that the Appellant...

UNAT considered an appeal by the Appellant of judgment No. UNRWA/DT/2015/003. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member’s claim and rights, solving the previous irregularity. UNAT noted that the Appellant’s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

UNAT considered the Appellant’s claim that UNDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. UNAT held that UNDT did not commit any error of procedure so as to affect the outcome of the present case. UNAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of UNDT and do...