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Oral hearing: Mr. Izurieta Canova applied in terms of Article 18(1) of the Rules of Procedure of the UNAT for an oral hearing to be held in this case. As this is a straightforward matter, not attended by any factual or legal complexity, UNAT did not consider that a hearing would assist in the expeditious and fair disposal of the case. For that reason, the application for an oral hearing was refused.

The question on appeal was whether the impugned recruitment cancellation decision by the Secretary-General of UNCTAD was a lawful and reasonable exercise of discretion?

The motive for the...

The UNAT held that the decisive fact which the staff member maintains is sufficient for the revision is a letter that was known to him at the time of his initial application to the UNDT. The UNAT found that the reasons for not presenting it were not persuasive.

The UNAT noted that even if it were to consider the letter known only at the time of the issuance of the previous UNAT Judgment, the application for revision had not been filed on time.

The UNAT was of the view that the staff member’s application for revision constituted, in fact, a disguised attempt to re-open the case and that was...

The UNAT considered an appeal by the staff member.

The UNAT found that, in his appeal, the staff member failed to state the grounds of appeal, identify the defects of the impugned judgment and demonstrate on which grounds it was erroneous.

The UNAT noted that, in reaching its conclusion, the UNRWA DT found that the staff member admittedly did not submit a request for decision review. The UNRWA DT did not err when it found that the staff member’s application was on that basis not receivable ratione materiae.

The UNAT dismissed the appeal and affirmed Judgment No. UNRWA/DT/2022/022.

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...

Ms. Larriera sought revision of the UNAT judgment on the grounds that new decisive facts had emerged from the French government regarding her relationship with the deceased participant of the UNJSPF, Mr. M. Specifically, she maintains that the French government has endorsed the findings of a Brazilian court that she was in a “stable union” with Mr. M., and that this has also been annotated on the death certificate of Mr. M.

UNAT observed that Ms. Larriera’s application for revision was untimely. In addition, UNAT concluded that these allegedly decisive facts occurred in 2021, well after the...

The UNAT held that the Applicant’s application for revision did not comply with the requirements set out in Article 11(1) of the Appeals Tribunal Statute and Article 24 of the Appeals Tribunal Rules of Procedure.  Indeed, it concluded that there was no fact discovered after the issuance of the UNAT Judgment, which was unknown to the Appeals Tribunal and to the Applicant.  Rather, it found that his submissions basically repeat or add to the same arguments which were previously assessed by the Agency, the UNRWA DT and the Appeals Tribunal.  It concluded that the only new arguments advanced by...

The UNAT held that UNRWA DT exercised its discretion to proceed by summary judgment, without examining the merits of the case, lawfully and appropriately.  It found that in this way, the UNRWA DT acted not only in accordance with the principles of judicial economy and efficiency, but also in the interest of expeditious disposal of the case.

The UNAT found that the Appellant received the contested administrative decision on 3 November 2009 and filed his application with the UNRWA DT on 12 August 2022.  Therefore, it was obvious that he filed his application more than three years after his...

Mr. Jibril appealed.

As regards the request for an oral hearing, the UNAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification.  Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the UNAT Rules of Procedure.  Accordingly, the request for an oral hearing is denied.

The UNAT agreed with the UNRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Mr. Hassan appealed the UNDT judgment. 

The UNAT held that the Appellant failed to demonstrate that the UNDT erred in finding that his application was not receivable ratione personae.  UNAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member.  He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment.  Moreover, there was no offer of...

The UNAT considered an appeal by Mr. Dorji.

The UNAT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal.  As the UNDT correctly held, Mr. Dorji’s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019.  Mr. Dorji’s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021. 

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2021...