UNAT held that UNDT did not err in law or in fact in finding that the Appellant’s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the UNDT Statute. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT held that the issues relating to the conduct of the first test were of no relevance to the appeal and had no legal consequence because the first test and the proposed selection exercise had been cancelled. UNAT agreed with UNRWA DT that a selection process may only be challenged in the context of an appeal against the outcome of that process. UNAT found that UNRWA DT did not err in dismissing the first three grounds of the application. With respect to the second test, UNAT agreed with the finding of UNRWA DT that the Appellant was unable to contest the Agency’s decision to conduct a...
UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...
Both parties appealed. UNAT held that UNDT was correct regarding the non-receivability ratione materiae with respect to the first three decisions. UNAT, however, disagreed with UNDT’s finding that the Administration had unlawfully delayed check-out, including his final payments and the submission of the required forms for his pension, since the period of three and a half months which was taken by the Administration to investigate and proceed with Mr Nchimbi’s “check-out†was not unreasonable in the given circumstances. UNAT upheld the Secretary-General's appeal and dismissed Mr Nchimbi’s...
UNAT held that UNDT’s conclusion that the application was non-receivable ratione materiae was correct, since the Appellant had failed to challenge the UNTSO CHRO’s response, the original administrative decision of 6 May 2015, by requesting a management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT held that the Appellant failed to identify grounds for his appeal. UNAT held that the Appellant’s case was fully and fairly considered. UNAT held that UNRWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. UNAT held that the decision to terminate the Appellant’s appointment on medical grounds was a reasonable and valid exercise of UNRWA’s discretion. UNAT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...
UNAT considered the Appellants’ consolidated appeals against the rejection of their requests to be upgraded to a higher level. UNAT held that it was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the UNAT Statute. UNAT held that, even if the SAB issuance was a decision, it was nevertheless only advisory or recommendatory. UNAT noted that SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he was both the employer’s representative and the original...
UNAT was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the UNAT Statute. UNAT held that, even if the SAB issuance was a decision, it was only advisory or recommendatory. UNAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer’s representative and the original decision-maker. UNAT held that it was the Secretary-General of IMO, who was not neutral in the first instance process, who took the final decision. UNAT...
UNAT held that it was not satisfied that the essential elements were present to enable UNAT to exercise its jurisdiction within the meaning of Article 2(10) of the UNAT Statute in regard to the decision of IMO SAB. UNAT held that in this case, even if the SAB issued decision, it was nevertheless only advisory or recommendatory. UNAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer’s representative and the original decision-maker. UNAT held that it was the Secretary-General of IMO, who was not a...
Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, UNAT dismissed the Appellant’s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General’s appeal in Case No. UNDT/NBI/2015/095 related to the issue settlement agreement, UNAT held that UNDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...
