¹ú²úAV

UNAT affirmed UNDT’s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. UNAT further affirmed UNDT’s position that the Appellant’s request for management evaluation was time-barred. UNAT, however, noted that UNDT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. UNAT further noted that this error by UNDT did not adversely affect...

UNAT considered the Appellant’s claim that the basis for the non-renewal decision was his unsuccessful application for a newly created post for which he had applied. UNAT held that there was no evidence of the link between the decision not to renew his fixed-term appointment and his non-selection for the other post and considered that the timeline of events supported this. UNAT held that UNDT was correct in its finding that the non-renewal decision was a separate matter from the then-ongoing selection exercise. On the Appellant’s claim that the successive renewals of his appointment created an...

UNAT held that UNDT was correct to find that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant’s request for an oral hearing. UNAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before UNDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. UNAT held that UNDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...

The Appellant challenged UNRWA DT’s finding that his application was not receivable ratione materiae. UNAT held that the appeal was not receivable ratione materiae as he did not make a timely request for management evaluation. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that UNDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. UNAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting a management evaluation. UNAT dismissed the appeals and affirmed the UNDT judgments.

On the termination decision, UNAT affirmed UNDT’s decision that an individual contracted under an ICA was not a staff member and therefore had no standing before UNDT. UNAT referred the matter of the lack of judicial recourse for individual contractors to the attention of the President of the General Assembly for consideration and possible action. On the decision to recover monies, UNAT noted that, while management evaluation was not required to appeal the imposition of a disciplinary measure, such an argument was not valid in this case because the recovery of monies was not a disciplinary...

UNAT held that while there may have been an error in the misfiling of the Appellant’s rebuttal, this did not result in procedural unfairness that affected the decision. UNAT held that there was no procedural unfairness to the Appellant as she had had the opportunity to file for leave to respond before UNDT and she did not do so and that in any case, this did not affect the ultimate decision on receivability. UNAT noted that only the Secretary-General, of which the Management Evaluation Unit forms part, has the authority to extend or waive the time limits for management evaluation and the...

UNAT agreed that the application was not receivable ratione materiae. The Tribunal explained that on 21 March 2019, it had become clear to the staff member that the Agency had not shortlisted her for these two posts. This information was confirmed on 21 March 2019 by HR to the staff member. The Tribunal also noted that there were nothing in the communications between the parties indicating that the matter would be reopened or reconsidered. Furthermore, the subsequent email from HR on 8 April 2019 detailing the reasons why she was not selected was not a new administrative decision but rather a...

UNAT held that UNRWA DT erred in law by not taking account of evidence implying strongly that there had been an administrative decision by UNRWA not to pay allowances to those who claimed them as their entitlement, and therefore concluding wrongly that there was no evidence of an administrative decision affecting the Appellant’s rights. However, UNAT held that the UNRWA DT’s Judgment dismissing the Appellant’s claim had to be upheld on grounds of lateness of their request for management evaluation. UNAT dismissed the appeals and upheld the UNRWA DT Judgment.