UNAT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, UNAT noted that UNDT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. UNAT rescinded the UNDT’s judgment to the extent that it awarded damages to Mr Abboud.
UNAT considered the Applicant’s application for revision of judgment No. 2012-UNAT-209. UNAT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the UNAT Statute. UNAT held that the issuance of another judgment during the same session as which the Applicant’s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. UNAT held that the application was submitted almost one year...
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 Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of UNAT, UNAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. UNAT held that UNDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. UNAT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...
On the Appellants’ request for an oral hearing, UNAT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants’ request that the appeal be heard by a full bench, UNAT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. UNAT held that: UNDT was competent to review its own competence or jurisdiction; UNDT correctly applied the jurisprudence of UNAT in the definition of...
UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, UNAT held that there was no merit in the staff member’s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, UNAT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. UNAT held that the staff member had failed to demonstrate any error in the UNDT...
UNAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of UNAT in terms of Article 10(2) of the UNAT Statute elected to refer the appeal for consideration by the full bench of UNAT. UNAT recalled that an administrative decision is a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects...
UNAT considered both an appeal from the Secretary-General and an appeal from Mr Ross. UNAT considered Mr Ross’s request for consideration by a full bench and held that he had no standing to make such a request and that the case did not raise any significant question of law in relation to the evidentiary standard of proof of moral damages. UNAT held that any irregularity (procedural or substantive) in promotion cases will only give rise to an entitlement to rescission or compensation if the staff member has a significant or foreseeable chance for promotion. UNAT held that the UNDT did not err...
UNAT considered the Secretary-General’s appeal and Ms Kortes’ cross-appeal. UNAT held that the issue was whether UNDT erred in concluding that the Administration was estopped from correcting its mistake by finding that Ms Kortes was not eligible for ASHI, having advised her in 2011 that she could not avail herself of the buy-in option. Noting that the Administration’s error was to inform Ms Kortes that she could buy-in to ASHI, based on a misunderstanding of the date she joined the Organisation, UNAT held that UNDT committed an error of law in coming to its conclusion that five years was...
