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UNAT held that the case was fully and fairly considered by UNDT. UNAT found no error of law or fact in the UNDT decision. UNAT held that UNDT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. UNAT held that there was no error of fact resulting in a manifestly unreasonable decision. UNAT held that the UNDT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by UNAT. UNAT...

Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, UNAT dismissed the Appellant’s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General’s appeal in Case No. UNDT/NBI/2015/095 related to the issue settlement agreement, UNAT held that UNDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...

UNAT held that the UNDT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. UNAT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant’s unauthorised absence from duty. UNAT held that UNDT erred in law in distinguishing Abdallah (judgment No. 2010-UNAT-091) from the present case. UNAT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...

UNAT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful.  UNAT held that UNDT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. UNAT upheld UNDT’s finding that Ms. Koduru’s testimony was not compelling enough to serve as a basis for an award of moral damages. UNAT rejected Ms. Koduru’s request for costs. UNDT dismissed the appeal and the cross-appeal and affirmed the UNDT judgment.
Accountability referral: The UNAT...

The Secretary-General appealed the UNDT judgment as it related to the non-renewal decision only. UNAT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. UNAT found nothing objectionable with the UNDT’s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. UNAT held that UNDT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the UN body which had engaged Ms Loose at the time of the separation was still...

UNAT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. UNAT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. UNAT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the UNDT judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

The Secretary-General appealed UNDT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. UNAT held that UNDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. UNAT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and...

UNAT held that all of the Appellant’s grounds of appeal failed, except for his challenge to the UNRWA decision not to renew or extend the Appellant’s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant’s non-renewal or final extension, UNAT held that there was no error in UNRWA DT’s reasoning and that UNRWA was justified in deciding not to renew or extend his employment, noting that UNRWA faced a massive financial shortfall...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct in its finding that the decision to terminate the Appellant’s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. UNAT held that it was not necessary for it to deal with the issue of whether UNDT erred in its finding that the Administration failed to comply with its obligation of retention. UNAT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General’s argument that UNDT had erred in finding Mr Nugroho...

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...