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UNAT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. UNAT held that UNDT made several errors of law when it found UNICEF’s decision not to renew Mr Said’s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. UNAT held that UNDT did not accord any deference to UNICEF’s conclusion that Mr Said’s performance was poor and, instead, UNDT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. UNAT held that UNDT made...

UNAT rejected the request for an oral hearing since the factual and legal issues arising from the appeal had already been clearly defined. UNAT found no error in UNDT’s judgment that the application was not receivable ratione materiae. UNAT dismissed the appeal and affirmed the UNDT summary judgment.

UNAT rejected the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. UNAT denied the motion seeking leave to file additional pleadings/evidence, finding there were no exceptional circumstances that would warrant the granting of the motion. UNAT held that the appeal on the suspension without pay was not receivable since the Appellant had failed to observe the time limits. Regarding the receivability of the letter requesting reconsideration of the summary dismissal, UNAT held that it would not admit evidence that had been known to the...

The UNAT refused the Appellant’s request for an oral hearing because it would not assist in the expeditious and fair disposal of the case”, (Article 18(1) UNAT Rules). UNAT agreed with UNDT that there were “inordinate delays both at reviewing and assessing the complaint and in setting [up] a fact-finding panel and conducting the investigation itself” and that UNAMA was in breach of ST/SGB/2008/5. UNAT also agreed with the Secretary-General that the Appellant failed to demonstrate on appeal any error by the UNDT that would justify the reversal of its judgment. UNAT found that the Appellant’s...

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 rejected the request for an oral hearing and the production of documents since there was no need for further clarification. UNAT held that the Appellant’s contentions regarding the application of the Palestinian Labour Law No. 7 (2000) and the UNRWA DT’s error in calculating the time limits were misconceived. UNAT held that, regarding the procedure and timeline involved in challenging administrative decisions, former UNWRA Area Staff Rule 111. 3, which was in effect at the material time when the Appellant’s contract as a teacher was terminated, was applicable. UNAT agreed with the...

UNAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant’s motion. UNAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. UNAT held that UNRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the UNRWA DT. UNAT upheld the order of UNRWA DT to rescind the contested...

UNAT rejected the request for an oral hearing finding that there was no need for further evidence. UNAT held that UNDT had erred in law and procedure when it did not consider the Appellant’s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. UNAT held that it was impossible for the Appellant’s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. UNAT held that the case was similar to the related case disposed...

UNAT held that there was no basis for receiving the Appellant’s motion for additional pleadings (such as exceptional circumstances), that the motion raised no new or compelling arguments and, accordingly, dismissed the motion. UNAT held that UNDT correctly concluded that the application was time-barred and not receivable as a result of the Appellant’s failure to file his application within the established time limits. UNAT noted that the Appellant had been provided two opportunities to make his case before UNDT and on both occasions, he failed to provide the information. UNAT held that failing...