¹ú²úAV

Regarding the allegations that UNDT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, UNAT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. UNAT held that UNDT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

UNAT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. UNAT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the UNDT decision under appeal. UNAT held that the Appellant, consequently, failed to establish that UNDT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. UNAT held that the evidence...

UNAT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. UNAT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. UNAT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. UNAT held that...

UNAT rejected the Appellant’s request to have all appeal-related documents removed from her UNRWA official service file. UNAT held that UNRWA DT did not err in finding no irregularity in the decision-making process under judicial review and consequently dismissing the application. UNAT held that the Appellant had to persuade it that there were flaws in the contested administrative decision not to renew her fixed-term appointment, the proceedings that led to it, or in the UNRWA DT’s judgment, which would warrant vacating the judgment. UNAT held that the Appellant had not raised new arguments...

UNAT considered the Secretary-General’s appeal. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...

UNAT considered an appeal by the Secretary-General limited to the amount of compensation. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in...

UNAT held that the Appellant was asking for a review of his case in order to enhance the award and that he merely repeated arguments already considered and accepted by UNDT, which was not the purpose of an appeal. UNAT held that the Appellant had not met the burden of demonstrating that the UNDT had erred in assessing the damages. UNAT held that UNDT did not err on a question of fact resulting in a manifestly unreasonable decision on this point. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellant had not shown that the Secretary-General of IMO was required, under the IMO staff regulations and the staff rules, to make available to a federation of international staff associations from different organisations an IMO staff member, who was elected to a high office, for all or part of the term. UNAT held that the reference in the appeal to Staff Rule 108. 1, concerning election, composition, and competencies of the staff committee, did not apply in the case. As to the question of inter-agency cost-sharing, UNAT held that it could only establish that this had to...

UNAT noted that there was no dispute that the Appellant was designated by the Director of OCHA Geneva as Officer-in-Charge (OiC) of the Financial and Administrative Unit, following the reassignment of the holder of the post (a P-5 post) to other functions. UNAT held that UNDT had properly determined that the transfer of the P-5 holder “with his post’’ had the effect that there remained no “vacant’’ or “temporarily vacant’’ post against which the Appellant, albeit performing the functions of the post holder, could point to for the purposes of making the case for payment of a SPA. UNAT held that...

UNAT considered the Secretary-General’s appeal. UNAT noted that UNDT did not find that the Applicant was distressed by UNHCR’s illegal conduct or that he had suffered any adverse consequences or harm from UNHCR’s procedural error in following the opinion of DSS. UNAT held that UNDT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. UNAT upheld the appeal and reversed the UNDT judgment regarding the award of damages to the staff member.