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UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was essentially an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a request...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion configured an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have UNAT remove immunity from certain staff members should her appeal fail, UNAT held that the motion was entirely misconceived, as such a...

UNAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. UNAT held that the staff member’s motion to remove immunity from certain staff members, should her appeal fail, was entirely misconceived, as such a request was entirely outside of the mandate of UNAT. UNAT dismissed the appeal against UNDT Order No. 133 (GVA/2015), finding that the Appellant had failed to present compelling grounds that UNDT had exceeded its jurisdiction in restricting its judicial review to a paper-only assessment and not...

UNAT held that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. UNAT vacated the UNDT judgment and...

UNAT found that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. UNAT vacated the UNDT judgment and...

UNAT rejected the Appellant’s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by UNDT (by audio conference) as verified by UNAT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist UNAT with the expeditious and fair disposal of the case. On the Appellant’s motion for additional hearings, UNAT held that the documents contained arguments already submitted, although phrased differently, and no...

UNAT considered appeals from both the Secretary-General and Mr Chhikara. UNAT held that UNDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their “key” answers, which directly related to the written test which Mr Chhikara failed. UNAT held that, by rejecting Mr Chhikara’s request for the missing evidence and judging the case without it, UNDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. UNAT noted that the interests of justice and judicial economy may be...

UNAT held that it was not persuaded that UNRWA DT erred in procedure or otherwise exceeded its jurisdiction such as to warrant reversal of the judgment. UNAT held that UNAT held that there was no reason to differ from UNRWA DT’s findings that UNRWA had no reason to refer the Appellant to a medical board and that the issue was not relevant as the Appellant did not contest that he was unfit for service, nor did he allege that his health problems were related to his service with UNRWA. UNAT further noted that, as the Appellant was over sixty years of age, he was not eligible for a disability...

ArUNAT held that UNRWA DT’s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, UNAT held that UNRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. UNAT held that the inference drawn by UNRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...