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UNAT considered the Commissioner-General’s appeal. UNAT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. UNAT found that UNRWA DT’s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. UNAT noted it was, thus, not necessary to consider the other grounds of...

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 committed a substantial error in procedure in not granting due process of law to the Administration. UNAT held that the Secretary-General’s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. UNAT held that UNDT should not have issued a default “Summary judgment” on the merits of the case. UNAT upheld the appeal and vacated the UNDT judgment. The case was remanded to another UNDT Judge to be tried on its merits after both parties have had the opportunity to make...

UNAT considered both the two appeals by the Secretary-General and two cross-appeals by Mr Charles in judgment No. 2014-UNAT-416. UNAT held that that Section 9 of ST/AI/2010/3 was clear in giving the head of department/office the discretion to make a selection decision from candidates included in the roster. UNAT held that it was not open to UNDT to conclude that Section 9. 4 required the head of department/office to first review all non-rostered candidates before selecting a rostered candidate. UNAT held that UNDT erred in law in deciding that the appointment of the rostered candidates was...

UNAT held that the decision of the UNJSPB not to submit the staff member’s appeal to the Standing Committee contravened his rights under the UNJSPF Regulations by depriving him of access to the appeals process and was a serious violation of his due process rights. Noting that UNAT’s jurisdiction was limited to hearing appeals of decisions of the Standing Committee and that the staff member’s case had not been reviewed by the Standing Committee, UNAT held that it had no jurisdiction to hear the appeal and remanded it to the Standing Committee.

UNAT considered an appeal by the Secretary-General. UNAT held that the absence of any breach of the staff member’s substantive or procedural rights during the selection exercise precluded the award of moral damages to him. UNAT held that the staff member could not show a breach of a fundamental nature or that he suffered harm, stress or anxiety directly linked or reasonably attributed to a breach of his substantive or procedural rights. UNAT held that the Administration’s failure to respond to staff members’ repeated requests for information was not a breach of his substantive contractual...

UNAT held that it was disingenuous for UNRWA to suggest that the Appellant’s transfer application was considered in the same manner as the two candidates who were selected from the roster. UNAT held that UNRWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant’s due process entitlements. UNAT held that UNRWA DT erred in law in relying on the authority of the Director of UNRWA Affairs, Lebanon, to reject the Appellant’s application for assignment. UNAT did not uphold the contention that the Appellant had a legitimate...

UNAT considered an appeal by the Appellant of judgment No. UNRWA/DT/2015/003. UNAT held that the Appellant failed to demonstrate that UNRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member’s claim and rights, solving the previous irregularity. UNAT noted that the Appellant’s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

UNAT considered an appeal against Order No. 057 (UNRWA/DT/2014) and judgment No. UNRWA/DT/2014/027. UNAT rejected the Appellant’s request for confidentiality and for the redaction of his name from the UNRWA DT judgment and affirmed UNRWA DT’s reasoning. UNAT denied the Appellant’s request to submit new evidence to UNAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. UNAT held that it was for UNRWA DT to consider that it...

UNAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), UNJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. UNAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. UNAT held that it was satisfied that such a decision was a proper...