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The UNAT held that the UNDT erred in finding that the Administration had not proven by clear and convincing evidence that Mr. Ammar made the Facebook post because the Inspector General’s Office (IGO) inappropriately discounted the possibility that Mr. Ammar’s Facebook account had been hacked. The UNAT found that the Administration met its burden of establishing that it was highly probable that Mr. Ammar posted the Comment and thus publicly expressed support for an honour killing. The Administration produced uncontradicted evidence that the comment came from Mr. Ammar’s Facebook account and he...

The UNAT held that the UNDT correctly determined that the non-selection decision was superseded and rendered moot by the Administration's subsequent rescission of the decision, which ended the selection process without anyone being selected for the position. It concluded that, from that moment, the non-selection decision ceased to have any legal effect and was no longer a live issue on which the UNDT had jurisdiction to pass judgment on.

The UNAT further affirmed that it was entirely within the Administration’s authority to rescind the non-selection decision given the procedural...

The UNAT noted that as per ISA’s Staff Rule the UNAT has the competence to “order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level”. The UNAT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall’s Motion.

However, the UNAT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB’s decision. Mr...

The UNAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The UNAT found that the UNDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The UNAT held that she had not met her burden of showing that the impugned Judgment was defective.

The UNAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The UNAT found that the UNRWA DT erred when it found Ms. Fakhouri’s application was receivable.

The UNAT held that despite being a staff member, the decision with which Ms. Fakhouri took issue was one which related to the terms of a potential contract not as a staff member but as an independent contractor and therefore the contested decision was not one that was appealable. The UNAT emphasized that Article 2(1)(a) of the UNRWA DT Statute makes clear that appeals can be brought against administrative decisions where such decisions relate to the staff member’s terms of appointment. But the...

The UNAT noted that the staff member had filed numerous and confusing claims and applications that had been the subject of various reviews by the Management Evaluation Unit, the UNDT and the UNAT, all of which essentially attempted to ensure that the Administration continued to pay her benefits for medical reasons after expiration of her fixed-term appointment.

The UNAT held that her submissions failed to identify in precise terms a specific administrative decision capable of being reviewed. The UNAT found that the so-called non-decisions or incomplete decisions identified by her were not...

The UNAT found that the procedures applied to fill the Position sought by the staff member were consistent with the applicable rules. Although the OCHA advertised the Position without any pre-determined restriction to rostered candidates, and received some 151 applications, it ultimately decided to select a rostered candidate, thereby excluding the staff member and many others from consideration. The UNAT held that the Administration was well within its prerogative to do so, as the plain reading of Section 9.5 of Administrative Instruction ST/AI/2010/3/Rev.1 (Staff selection system) grants...

The UNAT found that Article 9(4) of the UNDT Statute regarding the nature of the judicial review that the UNDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The UNAT found that...

The UNAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were “aberrant results” in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the UNAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The UNAT found that the suspension...

The UNAT noted that the staff member had been notified of the reclassification of the post he encumbered by e-mail without comments on the basis for the decision. The UNAT also noted that he had not been promoted to the reclassified post before separation from service.

The UNAT found that the UNDT had correctly determined that the staff member knew or reasonably should have known by the date he received notification of the reclassification or, at the very latest, by the date the vacancy of the reclassified post was advertised in Inspira, that his post had been reclassified and that he had not...