51³Ô¹Ï

UNAT considered the appeal and found that the manner in which UNDT went about investigating the disputed facts, in this case, was insufficient. UNAT held that because there had not been adequate fact-finding, there was insufficient evidence before it to decide the appeal. UNAT accordingly held that the need for more evidence, and a factual determination based upon it, required the matter to be remanded to UNDT for fresh consideration, pursuant to Article 2(3) of the UNAT Statute. UNAT upheld the appeal, vacated UNDT’s judgment, and remanded the matter to UNDT.

UNAT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. UNAT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held...

UNAT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. UNAT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held that the Appellant had failed in his grounds of appeal...

UNAT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. UNAT held that there was no merit in the Appellant’s claim that UNRWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT rejected the request for an oral hearing finding that an oral hearing was neither necessary nor would assist in the expeditious and fair disposal of the case. Regarding the Appellant’s motion, UNAT held that there were no exceptional circumstances that would warrant the granting of the motion. UNAT held that the motion was essentially an attempt by the Appellant to supplement arguments already made in her appeal submissions. UNAT denied the motion. Regarding the appeal’s submissions, UNAT held that that UNDT had erred in law in rejecting the application on the basis that the Appellant’s...

UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General’s appeal had no merit, it...

UNAT considered an appeal by the staff member and an appeal by the Secretary-General. UNAT upheld both UNDT’s finding that the decision to close the investigation was improper as well as UNDT’s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. UNAT, however, vacated UNDT’s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. UNAT held that “generally speaking, the testimony of an applicant alone without corroboration by...

UNAT held that the UNDT’s suggestion that the standard of proof required to rebut the presumption of regularity should be one of preponderance of evidence, was not correct and that the rebuttal of the presumption should occur only where clear and convincing evidence establishes that an irregularity was highly probable. UNAT held that the Appellant’s version did not support an inference of corruption of the process or that he was not fully and fairly considered. UNAT held that although the Appellant met all the educational, work experience, and language requirements of the position, he failed...

UNAT considered the Secretary-General’s appeal by a full bench of UNAT. The majority of the judges upheld UNDT’s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for UNDT’s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the UNDT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...

UNAT considered an appeal by the Secretary-General. UNAT held that the Secretary-General’s submissions were valid in most aspects. UNAT held that the award of 21 months’ compensation was excessive as it was not reasonable to assume that Ms Belkhabbaz’s fixed-term appointment would have been extended for longer than one year, finding that an award of 12 months’ remuneration would be adequate compensation. UNAT held that UNDT exceeded its competence and erred in law by awarding pecuniary damages relating to Applicant’s placement on sick leave with half pay. UNAT held that UNDT erred by awarding...