¹ú²úAV

The Tribunal held that neither claim (i), (the decision to continue to conduct an investigation) despite the Applicant's claimed medical condition, nor claim (ii) (the refusal to convene a medical board to examine it), had produced a decision of direct negative consequences for the Applicant. The impact, if any, of these decisions on the outcome of the disciplinary process will be examined in relation to his application against the disciplinary measure. Accordingly, the application, in relation to claims (i) and (ii) was dismissed as not receivable.

UNAT noted that, even though it found the case non-receivable, UNDT undertook a final review of the Appellant’s allegations and that the case failed on the facts. UNAT held that UNDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. UNAT held there was no basis to disagree with UNDT. UNAT dismissed the appeal.

UNAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. UNAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. UNAT held that UNDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

UNAT considered whether the impugned decision was a contestable administrative decision. UNAT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. UNAT held that the requirement for UN Office at Nairobi (UNON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation’s staff medical insurance plan. UNAT held that this requirement was of general...

UNAT held that the UNDT correctly held that the recommendations did not constitute administrative decisions subject to appeal. UNAT held that the Appellant had not demonstrated any error in the decision by UNDT that his application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNRWA DT was correct in applying Former UNRWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant’s pay-out and that UNRWA DT had not erred in this regard. UNAT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant’s situation had no merit and had been raised for the first time on appeal. UNAT held that the Appellant had failed to demonstrate that UNRWA DT had erred in finding that the Appellant’s terms and conditions of employment are governed solely and exclusively by the Agency...

UNAT held that UNDT previously addressed the issues at hand and, therefore, there were no grounds to consider that the Appellant’s rights to due process were violated by a judgment by default or by not considering her arguments. UNAT noted that UNDT did not err in concluding that there was no administrative decision concerning the Appellant’s return to the G-4 post capable of judicial review under Article 2(1) of the UNDT Statute, as that return was the predictable and logical consequence of her non-selection. UNAT relied on its holding in Zhang (2010-UNAT-078) and held that UNDT correctly...

UNAT held that the Appellant had failed to demonstrate that the contested decision had adverse effects on his terms and conditions of employment, in particular his health insurance and benefits. UNAT held that the Appellant had brought no relevant arguments to challenge UNDT’s finding that there was no administrative decision within UNDT’s jurisdiction being contested. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. UNAT held that UNDT, in reaching its decision, correctly assessed the publication of the President’s Order against the definition of an administrative decision and was correct in finding that both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on...

UNAT held that UNDT correctly determined that no appealable administrative decision was identified by the Appellant. UNAT held that UNDT correctly assessed the actions and/or omissions against the definition of an administrative decision. UNAT held that UNDT was correct in law when it stated that the Administration’s proposed alternative did not qualify as a final decision, nor could it be considered as a decision not to proceed with the rebuttal process. UNAT held that there was nothing in the Appellant’s written or oral submissions to persuade UNAT that UNDT made any error of law or fact in...