UNAT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of UNAT, UNAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. UNAT held that UNDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. UNAT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...
GA Decisions
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Interlocutory or interim appeal / Appeal of UNDT order to UNAT
Manifest excess of jurisdiction
Jurisdiction / receivability (UNDT or first instance)
UNAT held that the Appellant did not meet her burden of proving that UNDT clearly exceeded its jurisdiction or competence when it reassigned the cases. UNAT held that the UNDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal’s processes and within the UNDT’s jurisdiction. UNAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. UNAT held that UNDT did not clearly exceed its jurisdiction and the appeals were not receivable. UNAT also noted that it does...