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In Judgment No. 2010-UNAT-050, UNAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the UNDT Judgment. UNAT held that UNDT had correctly concluded that it had no jurisdiction to receive the Appellant’s appeal before the JAB. UNAT dismissed the appeal and affirmed the UNDT Judgment. In Judgment No. 2010-UNAT-050/Corr.1, UNAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. UNAT rejected the Secretary-General’s submission that the appeal was...

UNAT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. UNAT held that UNDT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. UNAT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. UNAT dismissed the appeal and...

UNAT held that the Appellant was caught in the transition between the old and new internal justice systems. UNAT noted that the Appellant had requested an extension of the time limit to file an application with the former Administrative Tribunal and that it was questionable if anyone could have granted an extension since the new UNDT had not officially started and the former Administrative Tribunal was winding down. UNAT, therefore, held that the case should be remanded to UNDT for consideration on merits. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the case to UNDT for a...

UNAT rejected the Secretary-General’s interlocutory appeal against the UNDT order as not receivable, finding that UNDT had discretionary authority in case management and the production of evidence in the interest of justice. UNAT held that UNDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. UNAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

UNAT held that the Appellants each failed to bring themselves under the exceptional circumstances provision of former Staff Rule 111. 2(f). UNAT held that there was no legal difference between exceptional circumstances and exceptional cases. UNAT held that a delay can generally be excused only because of circumstances beyond an Appellant’s control. UNAT held that no error in fact or in law was made by UNDT. UNAT dismissed the appeal.

UNAT considered the Secretary-General’s appeal. UNAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. UNAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. UNAT accordingly held that UNAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant’s...

The Secretary-General appealed. UNAT dismissed the Secretary-General’s appeal against the UNDT’s interpretation of judgment. It found that the appeal was not receivable because the interpretation of a judgment is not a fresh decision or judgment within the meaning of Article 2. 1 of the UNAT Statute.

The Secretary-General appealed, asserting that UNDT exceeded its competence in ordering suspension of the decision not to renew Mr Onana’s appointment until it determined the substantive application on its merits. UNAT noted the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must therefore be narrowly interpreted; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. UNAT...

UNAT affirmed the UNDT findings that there was no flaw in the procedure used by the Staff Management Coordinating Committee to select the staff representative on the IJC. UNAT also affirmed the UNDT judgments rejecting the staff member’s allegations of conflict of interest on the part of the UNDT judges. UNAT further rejected the staff member’s request that UNAT judges recuse themselves from the hearing of the appeal, noting the limited role of the IJC in the appointment of the UNAT judges and the lack of any professional relationship between the person appointed as a staff representative and...

The Secretary-General appealed the UNDT order. UNAT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of UNDT RoP have elapsed, and where UNDT is not in a position to make a decision under Article 2. 2 of the UNDT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the UNDT...