¹ú²úAV

The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY’s conduct, the UNDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS.  The fact that AAY chose not to testify at the UNDT hearing made it clear that he stood by his statement to the OIOS investigators. The UNDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence.  The fact that the three witnesses...

The UNAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. UNDT/2022/124 and that the UNDT did not err in delivering its Judgment during the pendency of that appeal.  The UNAT nevertheless observed that the UNDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022).  Despite this, the UNAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case.  With regard to Order No. 158 (NBI/2022), the UNAT held that the UNDT rightfully refused to...

After requesting additional findings of fact from the UNDT, the UNAT reconsidered an appeal by the staff member following the prior remand.

The UNAT found that the UNDT’s judgment had failed to make a single mention of the nature, content or purpose of the testimony adduced under oath before it but was based entirely on hearsay evidence drawn exclusively from the investigation report and other documents.  The UNAT found problematic the fact that the UNDT made no pronouncement as to why it exclusively relied on hearsay evidence and gave no reason why the evidence was not given by the person...

The UNAT denied the Appellant’s request for an oral hearing.  It found that it would add nothing to his case presented in writing to hear from him in person and that an oral hearing would not assist in the expeditious and fair disposition of the case.

The UNAT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the UNDT but which it did not accept. 

The UNAT found that the WSSCC structure was closed down on 31 December 2020 at the instigation of its donors and replaced by another organisation (the Sanitation and Hygiene Fund).  It...

As long as the Temporary Job Opening had no impact on the Applicant’s chances of selection, then an irregularity could not be relied upon as a basis for the selection process to be declared unlawful.

The Tribunal agreed with the Respondent that the Applicant cannot base his argument against the selection process in JO# 136259 by questioning the process in other matters which do not affect his case.

The Tribunal held that whilst the procedure spelt out in ST/AI/2010/3 was not followed, it was unable to see how this irregularity could have had any impact on the selection process.  

At the time of the contested decision to not investigate his complaint of harassment and abuse of authority into his separation from service and alleged blacklisting, the Applicant had been separated from service for more than four and a half years and was no longer a staff member in the strict sense. Therefore, for the application to be receivable, the contested decision must have a bearing on the Applicant’s status as a former staff member in the sense that it affects his previous contractual rights. In determining whether the contested decision affects the Applicant’s previous contractual...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was essentially an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a request...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion configured an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. UNAT held that the staff member’s motion to remove immunity from certain staff members, should her appeal fail, was entirely misconceived, as such a request was entirely outside of the mandate of UNAT. UNAT dismissed the appeal against UNDT Order No. 133 (GVA/2015), finding that the Appellant had failed to present compelling grounds that UNDT had exceeded its jurisdiction in restricting its judicial review to a paper-only assessment and not...