¹ú²úAV

The UNAT held that the Standing Committee of UNJSPB had appropriately found Ms. Briel ineligible to receive a widow’s benefit.  

The UNAT found that Ms. Briel should have submitted her appeal to the UNAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the UNAT Registry.  Nonetheless, the UNAT reviewed the merits of her appeal.

The UNAT found that, at the time of the late participant’s death, he had not reported Ms. Briel as his spouse or common-law spouse.  Moreover, there was no evidence to...

The UNAT noted that before the applicant became a staff member, he had been employed by UNRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The UNAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The UNAT found that upon each expiry of the applicant’s daily-paid service contract, it was successively renewed and he was bound by the Agency’s regulations and...

The Appeals Tribunal dismissed both appeals.  

The Appeals Tribunal held that the UNDT correctly found that the Charge Letter did not constitute a reviewable administrative decision, and that as such Mr. Schifferling’s application was not receivable ratione materiae.  

The Appeals Tribunal further found that the question of whether the Dispute Tribunal erred in not joining the Secretariat as a necessary party to the application had become moot and that in any event, the interlocutory appeal was not receivable. 

The UNAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant’s attorney’s personal circumstances. 

The UNAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the UNAT found that the UNDT had erred in fact and law in dismissing Mr. Khan’s application as not receivable ratione temporis. It concluded that Mr. Khan’s exceptional circumstances—including severe flooding disrupting internet service and affecting his ability to access e...

The UNAT held that the UNDT did not err in finding that the staff member’s application was not receivable because he failed to request management evaluation of the contested decision within the 60-day statutory time limit. The UNAT determined that, since the staff member was notified on 27 and 28 April 2022 of the rejection of his request for medical evaluation, he had 60 days from that date to submit his request for management evaluation. However, he only submitted his request to the Management Evaluation Unit on 3 November 2022, and later to the United Nations Development Programme (UNDP) on...

The UNAT held that the UNDT did not err in finding that the disciplinary measure imposed was lawful.

The UNAT rejected the former staff member’s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association.  The UNAT held that this argument was not admissible, as it had already been presented before the UNDT.

In any event, the UNAT determined that the decision from DWB constituted a...

The UNAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation.  On the contrary, the UNAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The UNAT further held that these actions should be viewed in light of the continuous efforts...

The UNAT held that the application for revision had no merit. The UNAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The UNAT noted furthermore that the applicant’s submissions essentially repeated or added to the same arguments that she had raised before the UNAT in the prior proceedings.

In addition, the UNAT pointed out that in failing to comply with the Order in which the UNAT granted in...

The UNAT noted that the applicant had filed the application for revision some three months after she became aware of the decisive facts as identified in the application. The UNAT held that the application had been filed beyond the 30-day time limit and was, therefore, not receivable.

The UNAT found that, in any event, one of the documents had not been in existence at the time of the UNAT Judgment. The UNAT also noted that the document had not been decisive in reaching a decision in the appeal and, for this reason, the application was an attempt to re-litigate the appeal. The UNAT concluded...

Ms. Ocokoru filed an appeal. 

The Appeals Tribunal dismissed the appeal.  The Appeals Tribunal found that Ms. Ocokoru had failed to file her appeal within the applicable time limit pursuant to Article 7(1) of the UNAT Statute and had failed to request a suspension, waiver or extension of the time limits.   The UNAT concluded that the appeal was therefore time-barred and not receivable ratione temporis.

The Appeals Tribunal found that, in any event, the UNDT did not err in finding the application not receivable ratione materiae on grounds that the arguments raised by Ms. Ocokoru had already...