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UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT rejected the request for an oral hearing finding there was no need for further clarification. UNAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member’s conversion to permanent appointment did not give UNDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. UNAT held that it was not within UNDT’s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, UNAT held that there was no merit in the staff member’s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, UNAT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. UNAT held that the staff member had failed to demonstrate any error in the UNDT...

UNAT held that the Appellant introduced new elements for consideration on appeal that were not put forward at the trial level (Annex 4 (Post Classification Questionnaire Form), and the contentions about alleged procedural irregularities preceding the non-upgrading of the Appellant’s post). UNAT held that the documents and arguments put forward for the first time were inadmissible. UNAT also held that the Appellant had failed to persuade UNAT that the impugned decision contained any error of fact or law that could warrant its reversal. UNAT agreed with UNRWA DT’s finding that the...

UNAT considered the appeal by the UNRWA Commissioner-General. UNAT confirmed the findings and conclusions of the UNRWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member’s complaints. UNAT held that UNRWA DT had thoroughly conducted the judicial review of the challenged administrative decision. UNAT held that UNRWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. UNAT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP’s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. UNAT held that UNDT erred by conducting a de novo assessment of Ms Sarrouh’s performance and exceeded its competence. UNAT held that UNDT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. UNAT held that UNDT erred in...

UNAT held that the UNDT’s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, UNDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that the allegation that UNDT usurped its discretion by failing to show due deference in substituting its own preference of sanction for that of the Secretary-General was overstated. UNAT held that UNDT had correctly balanced the competing considerations and concluded reasonably that the cumulative imposition of a written censure and the loss of two steps in grade were disproportionate to the misconduct. UNAT found that UNDT did not misdirect itself in accepting as mitigating factors the fact that Appellant had lost all his...

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...

UNAT held that UNRWA DT did not err in law or fact in dismissing the application. UNAT held that the evidence had shown that the Appellant did not meet all the requirements for the post to which he had applied, as set out in the vacancy announcement, and that he was rightly placed by UNRWA in tranche 2 list. UNAT held that UNRWA DT had rightly concluded that, since the Appellant was unsuitable for the post, the failure of the Administration to consider his application in priority as an internal candidate had not vitiated the outcome of the selection process. UNAT held that the Appellant had...

The UNRWA Commissioner-General appealed. UNAT held that the decisions not to grant Mr Abu Lehia sick leave for the specific time periods (28 March to 3 April 2016, 4 April to 17 May 2016, and 18 May 2016 to 7 June 2016) were not reasonable, given the specific factual circumstances of the case at hand and that these decisions were not a valid exercise of the Agency’s discretion. UNAT affirmed UNRWA DT’s findings and conclusions about illegality. UNAT held that the Commissioner-General failed to demonstrate any error in the UNRWA DT’s finding that the Agency’s decision not to grant Mr Abu Lehia...