2010-UNAT-014, Luvai
UNAT preliminarily denied the Appellant’s request for an oral hearing, determining that there was no need for further evidence, and then considered the appeal. UNAT held that the minor errors in the promotion process prejudiced no one’s rights, especially in that, while it is much better practice to do so, the Appellant cited no authority requiring the listing of the exact number of positions available in the vacancy announcement. UNAT also affirmed the findings of fact by UNDT, including that the Appellant well knew the numbers of vacancies, and there was no individual prejudice to him in the...
2010-UNAT-005, Tadonki
UNAT considered the Secretary-General’s appeals against UNDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. UNAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the UNDT Statute authorizes UNDT to order suspension of a contested decision only “during the pendency of the management evaluation”. UNAT found that UNDT exceeded its jurisdiction in ordering suspension of the contested...