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UNAT considered the Secretary-General’s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. UNAT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. UNAT also noted that Mr Bali was encouraged by the Office of Human Resources Management’s (OHRM) advocacy and information...

UNAT considered an appeal by the Secretary-General. UNAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member’s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey’s summary of evidence. UNAT held that UNDT erred in not attaching any importance to this omission. UNAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. UNAT held that the Secretary-General...

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 an appeal by the Secretary-General. UNAT held that UNDT did not act lawfully in issuing an order in direct contravention of the established UNAT jurisprudence. However, UNAT also held that parties before UNDT must obey its binding decisions and that a decision by UNDT remained legally valid until such time as UNAT vacated it. UNAT held that the Secretary-General’s refusal to comply with UNDT’s order was vexatious. UNAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. UNAT upheld the appeal in part.

Accountability Referral: The UNAT...

UNAT considered an appeal by the Secretary-General. UNAT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties’ submissions. UNAT held that the Secretary-General had failed to persuade it that UNDT erred on a question of fact resulting in a manifestly unreasonable decision. UNAT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member’s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. UNAT held that the test for apparent bias applied by UNDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. UNAT held that UNDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. UNAT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. UNAT held that UNDT’s conclusion that the application was receivable was without legal basis as was its award of compensation. UNAT held that...

UNAT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. UNAT held that UNDT made an error of law when it found the decision to deny Mr Nartey’s request to grant him a lien on his post was an abuse of authority. UNAT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. UNAT held that UNDT made an error of law when it concluded that the impugned decision was retaliatory. UNAT held that UNDT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. UNAT...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT made an error of law when it applied UNICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. UNAT held that UNDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. UNAT held that UNDT’s conclusion that the non-renewal decision was vitiated by UNICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. UNAT held that UNDT erroneously concluded that both the Chad Country...

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to reverse the finding of UNDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. UNAT affirmed the UNDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. UNAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...