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UNAT noted that the Appellants did not refer to any article of the Regulations that provides that the full retirement benefit may be restored after a participant opts to commute a portion of the retirement benefit into a lump sum. UNAT held that the Appellants were bound by their decision to accept one-third of their pension as a lump sum and a reduced pension. UNAT held that the Appellant’s decision could not simply be reversed. UNAT rejected the argument that the Appellants had been discriminated against and that their basic fundamental rights concerning equity, fairness, and justice under...

UNAT held that the Appellant’s claims regarding the termination of his appointment and the procedures that resulted in the termination could not be received since UNAT did not have jurisdiction to review a judgment of the former Administrative Tribunal. UNAT held that UNDT had committed no error in law by considering that the participation of the civil servant and his counsel in the hearing by video conference would not have violated the Appellant's rights of defence. UNAT held that, although the letter dated November 8, 2005, contained a sentence that could imply that, if the JDC requested...

UNAT considered an application for revision of Judgment No. 1465 of the former UN Administrative Tribunal submitted by Mr Lesar. UNAT noted that General Assembly resolution 63/253 was silent on the question of revision of judgments handed down by the former UN Administrative Tribunal during the period prior to its abolishment. UNAT held that the omission did not constitute a denial of the right to an effective remedy since a tribunal had already dispensed justice. UNAT held that it was not competent to revise the former UN Administrative Tribunal Judgment and that therefore, the application...

UNAT held that it was not competent to revise the judgments of the former UN Administration Tribunal. UNAT held that the appeal was not receivable and dismissed the application.

UNAT was satisfied that the UNDT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the UN outside of their home country and by implication their country of nationality, was the correct interpretation. UNAT held that there was no error in law with regard to the UNDT’s approach on the issue of home leave. UNAT held, as a matter of law and fact, that UNDT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

UNAT recalled that access to the new system of administration of justice can be extended to persons who are not formally staff members but who can legitimately be entitled to rights similar to those of a staff member. UNAT held that this exception must be understood in a restrictive sense. UNAT held that interns have no access to the new system of administration of justice. UNAT dismissed the appeal.

UNAT held that the UNDT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. UNAT stated the principle that UNDT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes UNDT’s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request UNDT to verify the confidentiality of the document in...

UNAT considered an application for revision judgment No. 2010-UNAT-098. UNAT held that the application did not meet the statutory requirements of the UNAT Statute. UNAT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by UNAT for vacating the UNDT judgment and affirming the administrative decision of summary dismissal. UNAT held that the application was not admissible since it repeated an argument already examined and...

UNAT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. UNAT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. UNAT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. UNAT held that...

UNAT held that UNDT did not err on the question of competence in finding that, pursuant to Articles 2. 1 and 3. 1 of the UNDT Statute, it was limited to cases brought by staff members, former staff members or persons making claims in the name of incapacitated or deceased staff members of the UN. UNAT held that the access to UNDT and UNAT was not recognised in the new internal justice system. UNAT dismissed the appeal and affirmed the UNDT judgment.