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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...

On the alleged procedural error of the UNDT not allowing an oral examination of witnesses, UNAT held that it was well within the competence of UNDT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; UNAT dismissed this ground of appeal. UNAT held, affirming the finding of UNDT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. UNAT found no merit in the ground of appeal that UNDT failed to consider that UNHCR...

UNAT held that, while the representatives of the parties were present at the oral proceedings, they are entitled to the record of the testimonies made at those proceedings from the relevant UNDT Registry. UNAT held that this record is critical for the preparation of the appeal case. UNAT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. UNAT held that the Appellant was entitled to the record of the testimonies critical to the preparation of the appeal case, applying its jurisprudence in Finnis (Order No. 49 (2011)). UNAT upheld the appeal, vacated the UNDT...

UNAT considered two appeals by the staff member of UNDT Order Nos. 109 and 110. UNAT held that the appeals were receivable because they were addressed against judicial decisions which disposed the cases before UNDT. Finding that the two appeals raised the same legal issues, UNAT consolidated them in the interest of judicial economy and consistency. UNAT held that there was no merit in the Secretary-General’s observations about the non-receivability of the appeals. UNAT held, however, that the motions for reinstatement were in fact non-receivable ab initio. UNAT held that there was no statutory...

UNAT held that the Appellant had failed to show that UNDT exceeded its discretion in matters of case management. UNAT noted that it was indisputable that the Appellant had made a request to UNDT for his witness to be called. UNAT found that there was no mention of any witness in the UNDT judgment and that it was not clear that UNDT had considered that evidence. UNAT held that the Appellant should have been given the opportunity to call his witness or given an explanation by UNDT for not calling the witness. UNAT held that UNDT had committed an error of procedure, such as to affect the decision...

UNAT considered three appeals by Mr Bastet against Order No. 96 (NY/2013), Order No. 58 (GVA/2013)), and Order No. 160 (GVA/2013). Regarding UNDT Order No. 96 (NY/2013), UNAT held that the decision to transfer the Appellant’s case to Geneva fell squarely within the jurisdiction and competence of UNDT. Regarding the second complaint, namely that UNDT exceeded its competence and/or erred in law, fact, or procedure in restricting disclosure of documents and witnesses, UNAT held that to order, or not to order certain documents also fell within the discretion of UNDT. UNAT held that the Appellant...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT committed a substantial error in procedure in not granting due process of law to the Administration. UNAT held that the Secretary-General’s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. UNAT held that UNDT should not have issued a default “Summary judgment” on the merits of the case. UNAT upheld the appeal and vacated the UNDT judgment. The case was remanded to another UNDT Judge to be tried on its merits after both parties have had the opportunity to make...

UNAT considered an appeal by the Appellant of judgment No. UNRWA/DT/2015/003. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member’s claim and rights, solving the previous irregularity. UNAT noted that the Appellant’s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

UNAT considered the Appellant’s claim that UNDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. UNAT held that UNDT did not commit any error of procedure so as to affect the outcome of the present case. UNAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of UNDT and do...

The Appellant did not raise any challenges as to the merits of the UNRWA DT judgment, but rather his appeal related to the procedure adopted by UNRWA DT in hearing his complaint. UNAT held that it was not persuaded that UNRWA DT erred in procedure or otherwise exceeded its jurisdiction in the exercise of its power, such as to warrant reversal of the judgment. Noting that two Orders clarified the aim of the hearing, UNAT held that there was no prejudice caused to the Appellant by the failure to provide him with a description of the relevance of the witnesses’ testimony. UNAT held that UNRWA DT...