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UNAT considered the appeal, in which the Appellant contended that exceptional circumstances existed that would merit a waiver of the time limit, allowing his application to be admitted. UNAT noted that, in such an instance, it is the applicant’s responsibility to convince the tribunal of such circumstances. UNAT found that the Appellant did not overcome this hurdle before UNDT and held that UNDT did not err in rejecting the Appellant’s contentions that he had exceptional circumstances. UNAT further held that ignorance of the law is no excuse and the Appellant’s reliance on erroneous advice...

UNAT considered an appeal by the Secretary-General. UNAT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. UNAT held that the UNDT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that UNDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. UNAT noted that...

UNAT considered Mr Elasoud’s application for revision of judgment No. 2011-UNAT-173. UNAT held that the grounds set out by Mr Elasoud did not come within Article 11(1) of the UNAT Statute, and he did not specify any fact of which he and UNAT were not aware when his appeal was considered. UNAT held that a review of the application showed that Mr Elasoud merely disagreed with the decision of UNAT. UNAT dismissed the application for revision.

UNAT considered an appeal by the Secretary-General. On the question of whether UNDT erred in finding that the five years’ experience requirement was arbitrary and not based on any proper consideration, UNAT held that, absent any proper legal or factual basis upon which to impugn the five years’ experience requirement, UNDT had no function in substituting its judgment for that of the Administration in determining the criteria for the selection of S-3 officers, and in doing so, UNDT erred in law resulting in a manifestly unreasonable decision. UNAT held that UNDT erred in law in deeming the...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General’s appeal was filed on time and was receivable. UNAT held that, since the parties agreed to and identified the facts in their Joint Statement, it was not open to UNDT to conduct its own evaluation and then to substitute its view for that of the parties. UNAT held that the misconduct was of a grave and serious nature and in those circumstances, the sanction of separation was reasonable and not disproportionate and/or arbitrary. UNAT held that UNDT erred when it reversed the Secretary-General’s decision to...

UNAT affirmed the findings of UNDT that Mr Adundo’s application was receivable. UNAT then considered the merits of the Secretary-General’s appeal. UNAT noted that, contrary to the findings by UNDT that the guidelines were violated as the duration of the weapons restriction was not mentioned within the communications between the Chief of the Security and Safety Service and Mr Adundo, it was clear that the restriction would remain in force until Mr Adundo was “ready to obey lawful commands”, which was for him to attend weapons training for a security breach. UNAT upheld the Secretary-General’s...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. UNAT held, agreeing with UNDT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, UNAT dismissed the cross-appeal. UNAT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. UNAT held that, apart from the direct link between the manipulation of the bottle of wine by...

UNAT upheld the UNDT ruling that the 2010 decisions were time-barred and not receivable ratione temporis. UNAT held that UNDT acted ultra vires or in excess of its competence and jurisdiction by considering whether the Appellant had shown exceptional circumstances justifying a waiver of the filing deadline, and thus held that the relevant paragraphs of the UNDT judgment were obiter dicta and should be stricken. UNAT held that UNDT erred in holding the Appellant’s motion or request for waiver of the deadline as not receivable ratione temporis on the basis that while it was not timely, that did...

UNAT considered the appeal while the application for revision before UNDT was still pending. UNAT held that the new job opening for 13 S-3 level vacancies, for which the Applicant was invited to interview, is a matter which could be relevant to the issue of the quantum of compensation. UNAT remanded the case to UNDT to complete its hearing of the application for revision of judgment.

The Secretary-General appealed. UNAT held that UNDT erred on a question of law when it concluded that the procedure was flawed on the basis that it was not sufficient for the Assistant Secretary-General/Controller to countersign and approve the UNCB recommendation and that a separate and reasoned decision was necessary for the regularity of the administrative procedure. UNAT held that UNDT erred in law in finding that there was a procedural delay and, therefore, granting compensation. UNAT granted the appeal and vacated the UNDT judgment insofar as it awarded compensation for the procedural...