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UNAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the UNRWA DT judgment under appeal. UNAT held that UNRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. UNAT held that UNRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

UNAT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. UNAT held that ST/AI/2003/8 was inapplicable. UNAT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. UNAT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. UNAT held that the impugned decision complied with the legal...

UNAT considered the Appellant’s appeal of both UNRWA DT decisions. UNAT noted that UNRWA DT gave full consideration to the Appellant’s claim that the transfer was a disguised disciplinary measure following allegations of her corporal punishment of students. UNAT noted that there was evidence that, prior to her transfer, the Chief, Field Education Programme had dismissed these allegations as unsubstantiated and it was not until almost two months after the transfer that the Jordan Field Office authorised an investigation. UNAT held that UNRWA DT therefore correctly concluded that the Appellant’s...

UNAT preliminarily denied the request for an oral argument and then considered the merits of the appeal. UNAT found that the requirements of Article 2(1) of the UNAT Statute were not fulfilled in the Appellant’s case as UNDT did not commit an error of fact, resulting in a manifestly unreasonable decision. UNAT noted that the evidence showed that the Administration was involved in a process of revision of activities in Iraq, rationalizing of staff, realignment of functions, and reduction of budget. These administrative activities led to the redeployment of the post encumbered by the Appellant...

UNAT denied the Appellant’s motion for additional pleadings because he did not demonstrate the existence of exceptional circumstances. UNAT also found no fault with UNDT’s holding that the decision to relocate the Appellant was lawful. UNAT noted that an accepted method for determining whether the reassignment of a staff member to another position was proper is to assess whether the new post was at the staff member’s grade; whether the responsibilities involved corresponded to his or her level; whether the functions to be performed were commensurate with the staff member’s competence and...

UNAT rejected the Appellant’s submission that UNDT’s failure to determine his motion to order the Secretary-General to produce relevant documents amounted to an error in procedure such as to affect the decision in the case. Article 19 of the UNDT Rules of Procedure gives UNDT broad discretion in managing its cases and in determining whether or not it has sufficient evidence and information “for the fair and expeditious disposal of the case and to do justice to the parties. UNAT noted that the Appellant adduced no evidence to support his contention that the exercise of discretion by UNDT was...

UNAT considered an interlocutory appeal by the Secretary-General. UNAT held that UNDT did not “clearly exceed its competence or jurisdiction” when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of “appointment, promotion, or termination” excluded from interim relief under Article 10. 2 of the UNDT Statute. Accordingly, UNAT dismissed the interlocutory appeal as not receivable.

UNAT affirmed UNDT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

UNAT held that the Appellant had not complied with his obligations under Article 2(1) of the UNAT Statute. UNAT held that there were no errors of law, fact, or procedure in the UNRWA DT judgment. UNAT held that under the relevant Circular, the Administration only had a duty to consider the Appellant’s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. UNAT dismissed the appeal and affirmed the UNRWA DT Judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that the UNDT’s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. UNAT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi’s...