¹ú²úAV

UNAT was not persuaded that UNDT erred in its judgment. UNAT held that, at the time of receipt of his settlement offer, the time limit to file the application to UNDT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. UNAT held that the exceptional suspension of time limits provided for under Article 8(1) of the UNDT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. UNAT held that the settlement...

UNAT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the UN, through UNAMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by UNAMID during the term of the Loan Agreement. UNAT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. UNAT held that, without access to the administration of justice system within the UN, the Appellant would have no right to an effective remedy from the competent tribunal in...

UNAT considered an appeal of UNDT Order No. 50 (GVA/2010) by the Secretary-General. UNAT held that the issue under consideration was settled, as UNAT had consistently held that UNDT had no jurisdiction to waive deadlines for management evaluation or administrative review. UNAT held that UNDT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. UNAT allowed the appeal and set aside the UNDT Order.

UNAT held that UNRWA DT had correctly dismissed the application as not receivable for being time-barred. UNAT held that UNRWA DT had correctly found the application not receivable ratione materiae since the Appellant had not contested an administrative decision and had erroneously filed his appeal with the International Joint Appeals Board. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that, when the Appellant contested before UNAdT his separation from the Organisation, he should have also submitted the request for payment of a termination indemnity, to be able to collect it if he did not succeed in the first part of his application. UNAT held that the decision of the Management Evaluation Unit to consider the Appellant’s request not receivable as time-barred was correct. UNAT held that, even though the Appellant revisited the issue of his separation on several occasions under the old system, he might have been misguided into believing that he could bring the...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. UNAT held that UNDT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. UNAT held that UNDT had interpreted Articles 19 and 35 of the UNDT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the UNDT...

UNAT held that that UNDT had correctly established that the silence of the UNEP management constituted an implied administrative decision and that this decision was taken on 31 August 2009. UNAT held the Appellant’s request for management evaluation was time-barred and that the application was, therefore, not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. UNAT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. UNAT noted that the Appellant had not requested such an extension of the time limit. UNAT held that UNDT had correctly decided that the request for management evaluation was not receivable as it was time-barred. 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 considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. UNAT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General’s appeal, UNAT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former UN Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. UNAT held that the staff member needed to make a request for review of the administrative...