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The UNAT noted that the impugned Orders denying the staff member’s requests for anonymity had been issued less than a month after the UNDT had granted his motion for anonymity in another case.

The UNAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The UNAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The UNAT...

The UNAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The UNAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the UNAT found that her UN experience was used to disadvantage her. The UNAT also...

The UNAT noted that the staff member’s letter regarding early retirement was to be considered a letter of resignation. The UNAT noted that a few months later she had sent another letter to the Administration requesting to withdraw her resignation. The UNAT found that the UNDT had not erred in law when it identified the contested decision as the decision not to accept the staff member’s withdrawal of her resignation, and the UNDT’s approach had not caused prejudice to her as it had been able to examine all her contentions.

The UNAT held that the staff member’s resignation produced its legal...

The UNAT found that the staff member had filed his appeal more than a year after the issuance of the UNDT Judgment and even if he had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred and not receivable ratione temporis.

The UNAT nevertheless noted that the staff member’s application filed with the UNDT was not receivable under the doctrine of res judicata because the UNAT had already affirmed in its earlier judgment a UNDT judgment deciding his challenge to the same administrative decision.

The UNAT found that the staff member sought to...

In the present case, according to the Applicant’s own submissions, he was not in a situation of “an absolute impossibility” of filing a timely waiver as per Karki. Instead, while apparently being aware of expiry of the deadline, he continued to work intensely on preparing the application, and rather than giving priority to filing it in time, he instead wanted it “to be perfect”. When then filing the application, the Applicant, however, made no reference to it being filed too late or indicating that he requested a waiver of the 90-day deadline under art. 8.3 of the Statute. He only requested a...

The UNAT held that the UNDT erred in suggesting that it was the former staff member’s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The UNAT further held that the Administration’s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration’s prerogative to make regarding the judicial proceeding. The...

The UNAT noted that the vacancy had been advertised for only ten days which violated the mandatory requirement of the UNRWA Personnel Directive, and this violation had been corrected by cancelling the recruitment process and constituting another one that met the requirement of the minimum posting period.

The UNAT held that the staff member had not identified the alleged defects of the impugned Judgment but rather had reargued his case and, therefore, had not discharged his burden of satisfying the Appeals Tribunal that the impugned Judgment had been in error.

The UNAT was of the view that, in...

The UNAT noted that the staff member’s transfer request had been approved by the West Bank Field Office but the Jordan Field Office had subsequently informed that the request could not be accommodated due to a commitment to the roadmap on hiring daily-paid workers in fixed-term posts.

The UNAT held that the Commissioner-General had demonstrated the efforts made by both Field Offices to process the transfer request and the Agency’s burden to show that the request had been given full and fair consideration was satisfied. The UNAT found that the staff member had not discharged the burden of...

The UNAT rejected Mr. Salon’s argument that the prior UNAT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The UNAT held that Mr. Salon was not seeking clarification of the UNAT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the UNAT Statute’s provisions for an application for interpretation.

The UNAT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the UNAT Judgment was clear...

The UNAT held that, since the purpose of compensation in lieu is to place a staff member in the same position he or she would have been had the Organization complied with its contractual obligations, the net base salary to be paid in accordance with the UNAT Judgment was the net base salary that the former staff member would have earned at the date of the contested decision and his separation from service, namely 20 May 2021. Therefore, the UNAT concluded that the Secretary-General’s calculation of two years’ net base salary was appropriate.

The UNAT further held that the deductions made for...