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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.

UNAT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Ahmad’s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT was correct to reject Mr Ahmad’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

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 held that UNDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. UNAT held that, regarding the question of whether UNDT failed to address the Appellant’s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that UNDT erred in fact or in law about this issue. UNAT held, however, that UNDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr. D R-B, given that the selected...

UNAT considered two appeals (consolidated) by Mr ElShanti of judgment No. UNRWA/DT/2019/051 and judgment No. UNRWA/DT/2019/065 respectively. On the consolidation of the cases, UNAT held that UNRWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party’s right to produce evidence. Accordingly, UNAT rejected Mr ElShanti’s arguments against consolidation. UNAT held that there was no merit to Mr ElShanti’s claims that the characterization of the impugned administrative decision was incorrect, noting that UNRWA...

UNDT did not err in law or in fact when it found that the decision to abolish the post was lawful. However, in not providing reasons for its decision to commute the six-month notice period into compensation, the Organisation failed in its duty to demonstrate that its discretion was not exercised arbitrarily, capriciously, or unlawfully. The Administration failed to meet its burden to minimally demonstrate that the Appellant was given full and fair consideration. The Administration acted arbitrarily and thus failed to exercise its discretion lawfully. The termination of the Appellant’s...

As a preliminary matter, UNAT denied the Appellant’s request for an oral hearing. UNAT held that the Appellant failed to discharge his burden of showing that the UNDT Judgment was defective or identifying grounds for appeal. In addition, UNAT held there was no basis for vacating the UNDT Judgment. UNAT held that the Appellant did not specifically contest the UNDT’s findings on receivability and that receivability was not therefore an issue before it. UNAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that UNDT erred in its...

UNAT first agreed with the UNDT that the abolition of post was not a reviewable administrative decision. Second, UNAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member’s appointment. The staff member’s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a “dry cut.” A “dry cut” happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

UNAT held that the Appellant did not meet the burden of showing that the UNDT Judgment was defective on the grounds outlined in Article 2(1) of the UNAT Statute. UNAT held that UNDT fully and fairly considered the Appellant’s allegations and there was no error of law or fact in the UNDT Judgment. UNAT held that there was no evidence that the Appellant’s gender or status of being on maternity leave factored into the decision not to renew her contract. UNAT held that the reasons proffered by the Administration for not renewing the Appellant’s fixed-term appointment, namely the lack of funding...

UNAT held that UNDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. UNAT held that, regarding the question of whether UNDT failed to address the Appellant’s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that UNDT erred in fact or in law about this issue. UNAT held, however, that UNDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr D R-B, given that the selected...