É«¿âTV

The Secretary-General's appeal challenged the UNDT order referring the maternity leave decision for accountability. UNAT found that the UNDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the UNDT exceeded its competence since the maternity leave decision had not been challenged before the UNDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...

The management evaluation response was sent to the Applicant on Friday, 7 May 2020, at 10:51 a.m., New York time (EDT), which was 5:51 p.m. in East Jerusalem and Ramallah. UNDP sent the RME Response after working hours in the duty station, at the start of the Applicant’s weekend (which was Saturday and Sunday), and during the traditional weekend in the oPt which is Friday and Saturday. The UNDT therefore determined that the first full day of the delivery of the email was 8 May 2020, which means that the 90-day count under art. 8.1(d)(i)(a) of the UNDT Statute started from 9 May 2020. The...

UNAT held that UNDT has the power to, as it did, refer a matter to the Secretary-General for investigation under Article 10(8) of the UNDT Statute. UNAT dismissed the appeal and held that all language in the UNDT judgment was obiter dictum or surplusage, except for the order itself, which UNAT affirmed in its entirety.

Accountability Referral: The UNAT affirmed the UNDT referral for possible action to enforce accountability.

UNAT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. UNAT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the UNDT decision under appeal. UNAT held that the Appellant, consequently, failed to establish that UNDT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. UNAT held that the evidence...

UNAT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by UNDT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of UNFPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the UNFPA Headquarters Contracts Review Committee, in violation of further norms. UNAT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. UNAT held that UNDT correctly declined to accept...

UNAT considered an appeal by the Secretary-General. UNAT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. UNAT held that the UNDT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that UNDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. UNAT noted that...

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. UNAT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. UNAT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT recalled that UNAT expressly held in Mmata (judgment No. 2010-UNAT-092) that Article 10. 5 of the UNDT Statute limited the total of all compensation to the equivalent of two years’ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. UNAT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered the Secretary-General's appeal of judgment on Receivability No. UNDT/2013/061 and of judgment on the Merits No. UNDT/2013/101. UNAT held that the appeal of the judgment on Receivability was timely. UNAT found that UNDT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. UNAT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...