É«¿âTV

The motion is ill-founded and dismissed.

A a holder of an UN Volunteer offer of assignment, the Applicant may not file an application before the Tribunal, as he is neither a staff member or a former staff member of the United Nations, nor a person making claims in the name of an incapacitated or deceased staff member of the United Nations.

Secondly, there is no evidence that the Applicant submitted a timely management evaluation request.

As a result, the application is not receivable ratione personae and ratione materiae.

Pursuant to jurisprudence on the factors to consider in a communication purporting to constitute the date on which an administrative decision was made, the Tribunal found that the 8 December 2021 communication from the CHRO/RSCE constituted the impugned decision. It had sufficient gravitas having been conveyed by the CHRO/RSCE as opposed to the HR Partner, it raised relevant factors and it had an element of finality.

The Tribunal found that the Applicant met the timeline for filing a request for management evaluation in accordance with staff rule 11.2(c). The Respondent¡¯s motion on...

UNAT held that the contested Memorandum was not an administrative decision as the Appellant failed to identify how it was affecting her terms or conditions of appointment. UNAT held that the contested Memorandum concerned a general delegation of authority and, therefore, was a decision of general application.

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UNAT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. UNAT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. UNAT dismissed the appeal.

UNAT held that UNDT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. UNAT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before UNAT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. UNAT ordered rescission of the contested decision to summarily dismiss the staff...

UNAT held that UNDT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that UNDT had erred in setting the interest rate at 8 per cent. UNAT held that both UNDT and UNAT must have the power to award interest in the normal course of ordering compensation. UNAT affirmed the UNDT judgment and Order No. 30 to the extent that UNDT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).

UNAT held that the Appellant had only presented arguments challenging the Administration¡¯s behaviour and the decision to terminate her contract with UNMIK. UNAT held that the Appellant had failed to demonstrate how UNDT, by judging the application not receivable and dismissing it on this ground, could have exceeded its jurisdiction, failed to exercise it, made an error of law or procedure, or made an error of fact that resulted in a manifestly unreasonable decision. UNAT held that UNDT had correctly dismissed the application as not receivable since the request for administrative review had...