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UNAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. UNAT held that UNRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that UNRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. UNAT upheld the UNRWA DT’s determination as to the limits of its jurisdiction. UNAT...

UNAT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. UNDT/2013/147. As a preliminary matter, UNAT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, UNAT found that UNDT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. UNAT held that the appeals of these Orders were not...

UNAT considered an appeal by the Secretary-General. The Secretary-General contended that the Ethics Office’s determination that no credible prima facie case of retaliation had been established was not an administrative decision subject to judicial review under Article 2 of the UNDT Statute. UNAT noted that the key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms or conditions of appointment. UNAT found that, in this case, the recommendation of the Ethics Office had no legal...

UNAT considered the Secretary-General's appeal of judgment on Receivability No. UNDT/2013/061 and of judgment on the Merits No. UNDT/2013/101. UNAT held that the appeal of the judgment on Receivability was timely. UNAT found that UNDT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. UNAT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...

The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. UNAT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. UNAT accordingly upheld the Secretary-General’s appeal on receivability. UNAT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, UNAT found that the Secretary-General’s refusal to...

UNAT preliminarily rejected the request for an oral hearing finding no need for further clarification of the issues arising from the appeal. UNAT held that UNDT had correctly concluded that the Appellant failed to identify an administrative decision, having a direct and adverse impact on his contractual rights, capable of being reviewed. UNAT held that the Appellant was not challenging a specific administrative but had asked UNDT to overturn a policy. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT had correctly concluded that the Appellant had failed to identify an administrative decision capable of being reviewed and to meet his statutory burden of proving non-compliance with the terms of his appointment or his contract of employment. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that UNDT was correct to reject the Appellant’s application and held that the appeal had no merit. UNAT held that ,for various reasons, UNDT erred in not finding that the whole of the application was not receivable ratione materiae. UNAT held that the Office of Internal Oversight Services did not decide the question of whether an investigation ought to be conducted, but rather passed it into the hands of UN-Habitat. UNAT held that this preliminary step of referral was not, of itself, capable of producing direct legal consequences affecting the Appellant’s terms of conditions of...

UNAT considered an appeal by the Secretary-General. UNAT allowed the appeal on the grounds that UNDT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. UNAT held that it disagreed with UNDT on the matter of receivability and that there was no administrative decision capable of being appealed before UNDT. UNAT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of...

UNAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. UNAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...