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UNAT stated that an Application for Interpretation is not receivable if its actual purpose is to have UNAT re-examine its decision, even though its judgments are final and without appeal, or to have it comment on its decision. UNAT held that the applications made under subparagraphs (a) to (g) of paragraph 30 of the appeal, with the purpose of either calling into question the decision or having UNAT issue comments on the decision, were not receivable. UNAT held that the use of the word ¡°annul¡± would not lead to confusion in the mind of a party in good faith because the language of...

UNAT considered an appeal by Secretary-General. The Secretary-General contended that UNDT erred by failing to recognize that the second contract by which Mr. Castelli¡¯s appointment was extended beyond a year was invalid because it had not been submitted for review by a central review body. UNAT held that, unless it is fake or fraudulent, a staff member¡¯s appointment contract gives rise to entitlements upon the signing and acceptance by the staff member of their letter of appointment. UNAT held that this is true even where the administration improperly handled the recruitment process. UNAT held...

UNAT considered the Secretary-General¡¯s appeal. UNAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. UNAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. UNAT accordingly held that UNAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant¡¯s...

In considering the Appellant¡¯s appeal, UNAT found that the Standing Committee could not reject the request unless it disregarded the provisions of Article 33(a) of the UNJSPF Regulations. However, UNAT noted that it was not in a position to rule on the actual possibility for the Appellant to perform the duties of her respective position and held that the Standing Committee should reconsider the Appellant¡¯s request. UNAT rescinded the Standing Committee¡¯s decision and remanded the Appellant¡¯s request to the Standing Committee for review.

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 noted that there was no evidence to support the Appellant¡¯s allegations that the statements of her witnesses were used in their entirety by UNDT and, even assuming that the UNDT had been in breach of its rules of procedure by making those statements, UNAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. UNAT held that the Appellant¡¯s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that UNDT...

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 since the Appellant did not submit her preliminary request for administrative review within the time limit, a time limit which expired before the new Staff Rules came into force, UNDT had no alternative than to reject her application as not receivable. UNAT dismissed the appeal.

UNAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, UNAT held that UNDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. UNAT held that UNDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, UNAT held that UNDT did...

UNAT held that the appeal was not receivable because it was not filed within the deadline. UNAT held that there were no exceptional circumstances for it to waive the time limits. UNAT was not persuaded that the Appellant did not receive the UNDT judgment or any notification of the judgment, as he had actual knowledge of the judgment. UNAT held that the Appellant¡¯s right to due process of law was not violated. UNAT held that the appeal was not receivable as it was time-barred. UNAT dismissed the appeal and affirmed the UNDT judgment.