¹ú²úAV

UNAT held that the case was fully and fairly considered by UNDT. UNAT found no error of law or fact in the UNDT decision. UNAT held that UNDT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. UNAT held that there was no error of fact resulting in a manifestly unreasonable decision. UNAT held that the UNDT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by UNAT. UNAT...

UNAT held that the Administration was not under an obligation to pursue a recruitment procedure once begun by filling the post. UNAT held that the contested administrative decision not to carry the recruitment process through to appointment, but rather to readvertise, was a valid and lawful exercise of the Administration’s discretion, based on sound reasons inextricably linked to the interest of the service, namely the situation in Burundi, the need for additional skills, and compliance with the relevant legal instruments governing the recruitment procedure. UNAT held that the contested...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. UNAT held that UNDT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that UNDT’s conclusion was consistent with the evidence. UNAT held that the UNDT’s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. UNAT held that the facts underpinning the administrative decision to issue the staff member a...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. UNAT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. UNAT held that the established facts amounted to misconduct on the part of Mr. Nyawa. UNAT disagreed with UNDT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, UNAT found that UNDT’s holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting UNAT intervention...

UNAT held that the Appellant did not demonstrate that the UNDT judgment was defective or that the UNDT erred in considering that the selected candidate met the minimum educational requirements and the work experience required for the job. Emphasizing the broad discretion of the Secretary-General and that it was not the role of UNDT to substitute its own decision for that of the Secretary-General, UNAT held that UNDT was not manifestly unreasonable in deciding that the recommendation approved by the Secretary-General was based on an entire process and the experience of the candidates. UNAT held...

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...