É«¿âTV

UNAT held that the Appellant failed to explain how UNDT exceeded or failed to exercise its jurisdiction or competence, erred on a question of law or procedure, or erred on a question of fact, resulting in a manifestly unreasonable decision. UNAT recalled that the UNDT Statute precluded UNDT from suspending or waiving the deadlines for management evaluation. UNAT held that UNDT was therefore correct in concluding that the application was not receivable and to reject it on that basis. UNAT dismissed the appeal and upheld the UNDT Judgment.

UNAT held that UNDT¡¯s decision on an Appellant¡¯s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the UNAT Statute, since no appeal had yet been filed. UNAT held, therefore, that UNDT¡¯s decision on the Appellant¡¯s request of extension could not be appealed. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the appeal was not filed untimely and was, therefore, receivable. UNAT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, UNDT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. UNAT held that UNDT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. UNAT held, concerning the conclusion that compensation should be paid for moral damages...

UNAT held that UNDT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. UNAT held that the Appellant had failed to establish that UNDT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT rejected the Secretary-General¡¯s interlocutory appeal against the UNDT order as not receivable, finding that UNDT had discretionary authority in case management and the production of evidence in the interest of justice. UNAT held that UNDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. UNAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

UNAT considered an application for ¡°reconsideration¡± of Judgment No. 2010-UNAT-029bis. UNAT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. UNAT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib¡¯s appeal was dismissed as non-receivable and without merit, UNAT held that the application for ¡°reconsideration¡± constituted an abuse of the appeals...

UNAT held that the appeal was time-barred and, therefore, not receivable. However, UNAT noted that, even if the appeal was receivable, there did not appear to be valid grounds for contesting the decision to withdraw the offer of appointment or for requesting compensation for loss of earnings. UNAT also noted that the request for the removal of the defense brief from the file, as it contained information relating to the informal dispute resolution process, could have been taken into consideration since Article 15 of the UNAT RoP provides that such information shall remain confidential and never...

In reviewing the Appellant¡¯s appeal, UNAT found that the decision to terminate the Appellant¡¯s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. UNAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. UNAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

UNAT considered the appeal and affirmed UNJSPF¡¯s decision. UNAT found that UNJSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, UNAT found it unnecessary to address the additional reliefs sought by the Appellant. UNAT accordingly affirmed UNJSPF¡¯s decision to award the widow¡¯s benefit to the former staff member¡¯s first wife and denied all reliefs...

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...