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 held that UNDT did not err when it decided that the present appeal by a former staff member to have access to the UNOV premises was not among the listed grounds of jurisdiction of the UNDT and was therefore not receivable. UNDT dismissed the appeal and affirmed the UNDT judgment.
UNAT affirmed the decision of UNDT that the Appellant’s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. UNAT held that UNDT did not err in limiting the scope of his application to the non-renewal. UNAT concurred with the former UN Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member’s fixed-term appointment...
UNAT held that UNDT correctly held that the Appellant’s case was not receivable. UNAT held that a selection process involved a series of steps or findings which led to the administrative decision, and that these steps may only be challenged in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the UNDT. UNAT held that the UNDT’s decision to order the Appellant to pay the sum of CHF 2,000, was justified because he filed a frivolous application and made all kinds of baseless charges against the fairness of the UNDT. UNAT...
UNAT affirmed the UNDT judgment. UNAT held that OIOS operates under the “authority” of the Secretary-General but has “operational independence”. UNAT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. UNAT held that UNDT also has no jurisdiction to do so, as it can only review the Secretary-General’s administrative decisions. UNAT, however, noted that to the extent that any OIOS decisions are used to affect staff members’ terms or contract of employment, OIOS’ reports may be...
UNAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before UNAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration’s withdrawal of the offer of...
UNAT held that UNRWA DT had correctly dismissed the application as not receivable for being time-barred. UNAT held that UNRWA DT had correctly found the application not receivable ratione materiae since the Appellant had not contested an administrative decision and had erroneously filed his appeal with the International Joint Appeals Board. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
UNAT held that, when the Appellant contested before UNAdT his separation from the Organisation, he should have also submitted the request for payment of a termination indemnity, to be able to collect it if he did not succeed in the first part of his application. UNAT held that the decision of the Management Evaluation Unit to consider the Appellant’s request not receivable as time-barred was correct. UNAT held that, even though the Appellant revisited the issue of his separation on several occasions under the old system, he might have been misguided into believing that he could bring the...
UNAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. UNAT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. UNAT held that UNDT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before UNRWA DT. UNAT held that UNDT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...
UNAT held that the Appellant had failed to demonstrate that the contested decision had adverse effects on his terms and conditions of employment, in particular his health insurance and benefits. UNAT held that the Appellant had brought no relevant arguments to challenge UNDT’s finding that there was no administrative decision within UNDT’s jurisdiction being contested. UNAT dismissed the appeal and affirmed the UNDT judgment.
