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UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. UNAT held that, since the incidents in question occurred before ST/SGB/2008/5 was promulgated, it was not applicable in this case. UNAT held that it was unnecessary for UNDT to apply ST/SGB/2008/5, which was clearly not in force at the time of the incidents. UNAT held that the error committed by UNDT had not resulted in a miscarriage of justice, finding that Mr Nogueira in any event merited a compensatory award for harassment. UNAT held that Mr Nogueira was entitled to an effective remedy for the violation of his legal right to a workplace...

UNAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and UNAT, therefore, upheld the findings of UNDT on this point. On compensation, UNAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. UNAT held that the Administration’s offer of USD 1,000 was...

UNAT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. UNAT held that UNDT made an error of law when it found the decision to deny Mr Nartey’s request to grant him a lien on his post was an abuse of authority. UNAT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. UNAT held that UNDT made an error of law when it concluded that the impugned decision was retaliatory. UNAT held that UNDT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. UNAT...

UNAT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General’s argument that UNDT unduly fettered its discretion to award compensation in lieu of specific performance, UNAT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, UNAT would not interfere with the discretion vested in UNRWA DT to decide on remedy. UNAT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General’s argument that...

UNAT considered the Secretary-General’s appeal and found that UNDT erred in law and fact by awarding a remedy to Mr Nwuke. UNAT held that the violation of Mr Nwuke’s due process rights did not, in and of itself, entitle him to an award of damages and that there was no evidence of any pecuniary loss or harm suffered by Mr Nwuke as a result of said violation. Moreover, UNAT held that not every violation of a staff member’s right will necessarily lead to an award of compensation and there are no legal grounds that can justify such an award when no actual prejudice is found. UNAT accordingly...

UNAT considered the Secretary-General’s appeal. UNAT agreed with UNDT’s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, UNAT found that UNDT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further UNAT found no merit in the Secretary-General’s argument that UNDT improperly substituted its discretion for...

UNAT considered the Secretary-General’s appeal and Ademagic’s cross-appeal. UNAT upheld UNDT’s determination that the Assistant Secretary-General for Office of Human Resources Management did not give meaningful individual consideration to the staff members’ requests for conversion to permanent appointments. UNAT noted that it gave a clear directive to the Administration that, upon remand, it should consider the staff members’ suitability for conversion to permanent appointments “by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert their...

UNAT considered the Secretary-General’s appeal. UNAT upheld UNDT’s determination and noted that it gave a clear directive to the Administration that, upon remand, it should consider staff member’s suitability for conversion to a permanent appointment “by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert her appointment” and that the Administration failed to comply with the said directive. UNAT also agreed with UNDT that the Assistant Secretary-General for Office of Human Resources Management failed to give any consideration whatsoever to...

UNAT considered the appeals of both the Secretary-General and Mancussen et al. UNAT upheld UNDT’s determination that the Assistant Secretary-General for Office of Human Resources Management did not give meaningful individual consideration to the staff members’ requests for conversion to permanent appointments and noted that UNAT gave a clear directive to the Administration that, upon remand, it should consider the staff members’ suitability for conversion to permanent appointments “by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert...