¹ú²úAV

UNAT held that it was not in dispute that the Appellant did not submit a request for management evaluation until more than one year after he had been notified that he had not been selected for the post in question. UNAT held that UNDT, under Article 11.1 of the UNDT Statute, was obliged to issue a judgment in writing, stating the reasons, facts, and law on which it was based. UNAT held that UNDT’s decisions, that the Appellant had been properly served with a notification in writing in compliance with former Staff Rule 111.2 and that Article 8.3 prohibited UNDT from extending the deadline for...

UNAT held that UNDT previously addressed the issues at hand and, therefore, there were no grounds to consider that the Appellant’s rights to due process were violated by a judgment by default or by not considering her arguments. UNAT noted that UNDT did not err in concluding that there was no administrative decision concerning the Appellant’s return to the G-4 post capable of judicial review under Article 2(1) of the UNDT Statute, as that return was the predictable and logical consequence of her non-selection. UNAT relied on its holding in Zhang (2010-UNAT-078) and held that UNDT correctly...

UNAT held that the Appellant had failed to demonstrate that the contested decision had adverse effects on his terms and conditions of employment, in particular his health insurance and benefits. UNAT held that the Appellant had brought no relevant arguments to challenge UNDT’s finding that there was no administrative decision within UNDT’s jurisdiction being contested. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. UNAT held that UNDT, in reaching its decision, correctly assessed the publication of the President’s Order against the definition of an administrative decision and was correct in finding that both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on...

UNAT held that UNDT correctly determined that no appealable administrative decision was identified by the Appellant. UNAT held that UNDT correctly assessed the actions and/or omissions against the definition of an administrative decision. UNAT held that UNDT was correct in law when it stated that the Administration’s proposed alternative did not qualify as a final decision, nor could it be considered as a decision not to proceed with the rebuttal process. UNAT held that there was nothing in the Appellant’s written or oral submissions to persuade UNAT that UNDT made any error of law or fact in...

UNAT considered an appeal by the Secretary-General. UNAT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. UNAT held that the UNDT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that UNDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. UNAT noted that...

UNAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. UNAT held that UNRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that UNRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. UNAT upheld the UNRWA DT’s determination as to the limits of its jurisdiction. UNAT...

UNAT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. UNDT/2013/147. As a preliminary matter, UNAT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, UNAT found that UNDT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. UNAT held that the appeals of these Orders were not...

UNAT considered an appeal by the Secretary-General. The Secretary-General contended that the Ethics Office’s determination that no credible prima facie case of retaliation had been established was not an administrative decision subject to judicial review under Article 2 of the UNDT Statute. UNAT noted that the key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms or conditions of appointment. UNAT found that, in this case, the recommendation of the Ethics Office had no legal...

UNAT considered the Secretary-General's appeal of judgment on Receivability No. UNDT/2013/061 and of judgment on the Merits No. UNDT/2013/101. UNAT held that the appeal of the judgment on Receivability was timely. UNAT found that UNDT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. UNAT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...