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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 held that the Appellant did not contest the decision to separate her from the Organisation, thus the SAB was not seized with her separation and her appeal on that issue was not receivable. UNAT held that the Appellant’s claims for compensation for pain, suffering, and medical expenses were beyond the scope of the case and therefore not receivable. UNAT held that the IMO Secretary-General’s decision to place the Appellant on sick leave was based on sound medical evidence which was not rebutted at the time and that there was no basis to set aside that decision. UNAT held there was no basis...

UNAT affirmed UNDT’s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. UNAT further affirmed UNDT’s position that the Appellant’s request for management evaluation was time-barred. UNAT, however, noted that UNDT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. UNAT further noted that this error by UNDT did not adversely affect...

UNAT held that the reason upon which UNDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. UNAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by UNDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the UNDT judgment. UNAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

UNAT considered an appeal of Order No. 079. UNAT held that, regardless of whether UNDT may have committed an error of law, fact, or procedure, Article 2(2) of the UNDT Statute precluded an appeal to UNAT if UNDT acted within its jurisdiction or competence. UNAT held that UNDT acted within its jurisdiction or competence. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and affirmed the UNDT Order.

UNAT disagreed and distinguished the case at hand with the two cases cited by the UNDT. UNAT explained that in the case at hand, the staff member’s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, UNAT concluded that the misconduct...

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 affirmed the UNDT Judgment, finding that the staff member’s FTA was not terminated but rather, it expired in its own course. The Tribunal highlighted that a termination is initiated by the Secretary-General, under Staff Rule 9.6(a), and in the instant case, the staff member was not at all terminated on 30 May 2019. Instead, his FTA continued until its expiry on 30 June 2019, and until then, he retained his full position, rights and entitlements as a staff member of the Organization. The fact that the site was closed down, and the staff member was sent home with no work to do, is not...

UNAT agreed that the Secretary-General has implied discretion to revoke benefits if a staff member does not satisfactorily furnish evidence of continued eligibility of existing entitlements, which may arise because of a change in circumstances. UNAT also found that UNDT did not err when it held that the legal frameworks for the two benefit systems are different and that the decisions made under the two legal regimes need not be consistent. Article 33 of the UNSPF Regulations does not require proof of a loss of earning capacity and the requirement of “incapacitation” is a purely medical...

UNAT held the staff member’s appeal of the UNDT Judgment was defective as it failed to identify any of the five grounds of appeal set out in Article 2.1 of the UNAT Statute. UNAT ruled that the appellant had failed to explain why the dismissal of his application by the UNDT was erroneous. Additionally, UNAT also held that it found no error in the practice of the UNDT to dismiss an application for want of prosecution when there is sufficient reason to assume that the applicant is no longer interested in the litigation, based on Article 19 (Case management) and Article 36 (Procedural matters not...