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UNAT consolidated the 51 appeals into seven groups heard by seven judicial panels, the first group (Kagizi et al. judgment No. UNDT/2016/131) being heard by the full bench. UNAT dismissed the appeals. UNAT confirmed UNDT’s finding that the appellants lacked standing to challenge the non-renewal of their appointments in so far as they were deemed to be a direct challenge against the General Assembly’s decision to abolish the posts. UNAT noted that, while in other aspects, UNDT regarded the applications as receivable and dealt with the merits of the case, those findings were not substantially...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General’s submissions were valid in most aspects. UNAT held that the award of 21 months’ compensation was excessive as it was not reasonable to assume that Ms Belkhabbaz’s fixed-term appointment would have been extended for longer than one year, finding that an award of 12 months’ remuneration would be adequate compensation. UNAT held that UNDT exceeded its competence and erred in law by awarding pecuniary damages relating to Applicant’s placement on sick leave with half pay. UNAT held that UNDT erred by awarding...

The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by UNDT for moral damages. The Appellant also contested the failure UNDT’s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the UNDT Statute. UNAT decided that Article 10(5)(a) of the UNDT Statute, which corresponds to Article 9 (1)(a) of the UNAT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member’s contract in a non-renewal case. UNAT, therefore, held that the Appellant’s...

UNAT considered the content of the Appellant’s appeal, the UNRWA DT judgment, and the Appellant’s request for compensation for material and moral damages and costs. UNAT found that the Appellant’s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. UNAT also held that there was no error in the UNRWA DT’s findings that the Administration’s decision not to confirm the Appellant’s appointment was solely based on his performance and that his allegations of harassment and discrimination...

UNAT considered the receivability of the issue of non-renewal and whether UNDT erred in rejecting the Appellant’s claim that his candidacy for the relevant post had not been given full and fair consideration. UNAT referenced Staff Rule 11. 2(a), which provides that it is an established principle that a request for management evaluation is the first step in the appeal process of an administrative decision. UNAT further noted that UNDT has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of review. UNAT found no fault...

UNAT considered the Appellant’s appeal. UNAT considered the criteria set out in Article 2 of the UNAT Statute to determine whether any alleged errors of law and fact resulted in a manifestly unreasonable decision. UNAT found that there was no evidence that the decision to abolish the post encumbered by the Appellant was unlawful. UNAT also found that UNRWA DT’s decision was correctly based on the applicable law and available evidence. To that end, UNAT held that the Appellant failed to establish that the UNRWA DT committed any error, whether of law, fact, or procedure. UNAT further noted that...

UNAT considered whether UNDT erred in concluding that the decision not to renew the Appellant’s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. UNAT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. UNAT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...

UNAT held that the lack of the nationality requirement on the Appellant’s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, UNAT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

UNAT denied the Appellant’s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the RoP. UNAT held that Toure is binding precedent on UNDT as it applied to the Appellant’s case and found no fault with UNDT’s judgment.

With respect to the Appellant’s first claim, UNAT agreed with UNDT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, UNAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. UNAT agreed with UNDT in that the decision to abolish Appellant’s post was not receivable ratione materiae. UNAT...