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The UNAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The UNAT found that the UNDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The UNAT held that she had not met her burden of showing that the impugned Judgment was defective.

The UNAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The UNAT noted that the staff member had been notified of the reclassification of the post he encumbered by e-mail without comments on the basis for the decision. The UNAT also noted that he had not been promoted to the reclassified post before separation from service.

The UNAT found that the UNDT had correctly determined that the staff member knew or reasonably should have known by the date he received notification of the reclassification or, at the very latest, by the date the vacancy of the reclassified post was advertised in Inspira, that his post had been reclassified and that he had not...

The UNAT was of the view that the UNDT’s analysis of the applicable legal framework governing the education grant, specifically the costs admissible for reimbursement, had been erroneous and the UNDT had exceeded its jurisdiction when it found the promulgation of the amended administrative instruction unlawful. The UNAT found that the UNDT had failed to provide the reasons, facts and law on which it had based its Judgment.

The UNAT held that the fees which were clearly intended to cover extra-curricular activities or general non-academic services, and were not intended to cover administrative...

The UNAT found that beyond reporting the possible prohibited conduct concerning non-compliance with the United Nations financial rules and regulations to the Office of Internal Oversight Services, the staff member had no further interest in law in the conduct of the investigation or its outcome. The UNAT further agreed with the UNDT that there was no basis for his assertion that OIOS had declined to conduct an investigation into his report. The UNAT concluded that the UNDT had not erred in finding the application concerning this decision not receivable.

Regarding the staff member’s complaint...

The UNAT noted that the staff member had filed numerous and confusing claims and applications that had been the subject of various reviews by the Management Evaluation Unit, the UNDT and the UNAT, all of which essentially attempted to ensure that the Administration continued to pay her benefits for medical reasons after expiration of her fixed-term appointment.

The UNAT held that her submissions failed to identify in precise terms a specific administrative decision capable of being reviewed. The UNAT found that the so-called non-decisions or incomplete decisions identified by her were not...

The UNAT rejected the former staff member’s motion for anonymity, as it was filed out of time and without exceptional circumstances justifying a waiver of the time limit.

The UNAT found that the UNRWA DT did not err in concluding that the former staff member’s application was not receivable. The 60-day period within which she had to submit a request for decision review (RDR) began on 13 September 2023 and ended on 11 November 2023. As her RDR was lodged (i.e., received by the Agency) late on 11 November 2023, it was lodged within the statutory time limit. However, in the absence of a...

The UNAT held that the creation of the position of Deputy Special Representative (DSR), undertaken as part of the implementation of the recommendations to restructure the oPt Office, constituted an administrative decision of a general nature. It further concluded that although the newly established ToR for the DSR position transferred to the incumbent some duties and responsibilities that were previously part of the staff member’s Terms of Reference (ToR), this reallocation alone was insufficient to conclude that the creation of the position of DSR produced direct legal consequences for the...

The UNAT held that the UNDT correctly determined that the non-selection decision was superseded and rendered moot by the Administration's subsequent rescission of the decision, which ended the selection process without anyone being selected for the position. It concluded that, from that moment, the non-selection decision ceased to have any legal effect and was no longer a live issue on which the UNDT had jurisdiction to pass judgment on.

The UNAT further affirmed that it was entirely within the Administration’s authority to rescind the non-selection decision given the procedural...

The UNAT held that the contested decision was a separation decision hinged on expiration of an appointment, and not a termination decision based on abolition of post or reduction of staff. The former staff member did not fall within the category of staff with the right to be considered on a preferential basis for retention and the Administration did not have an obligation to find him an alternative and suitable position following the abolition or reclassification exercise.

The UNAT observed that although the former staff member was informed in his non-renewal letter that he would be placed on...

The UNAT held that the staff member bore the burden of proving that the Secretary-General’s failures to address both the discriminatory policies of the host country and the alleged attempt of the law enforcement authorities of that host country to recruit him, constituted unilateral decisions taken by the Administration, which applied to him individually, and had direct legal consequences on his terms of appointment or contract of employment. The UNAT held that the staff member could not meet this burden because these issues fell within the realm of diplomacy, are subject to the rules of...