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UNAT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. UNAT held that UNDT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellant had only presented arguments challenging the Administration’s behaviour and the decision to terminate her contract with UNMIK. UNAT held that the Appellant had failed to demonstrate how UNDT, by judging the application not receivable and dismissing it on this ground, could have exceeded its jurisdiction, failed to exercise it, made an error of law or procedure, or made an error of fact that resulted in a manifestly unreasonable decision. UNAT held that UNDT had correctly dismissed the application as not receivable since the request for administrative review had...

UNAT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. UNAT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. UNAT noted that the Appellant had not requested such an extension of the time limit. UNAT held that UNDT had correctly decided that the request for management evaluation was not receivable as it was time-barred. UNAT dismissed the appeal and affirmed the UNDT judgment.

Regarding the allegations that UNDT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, UNAT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. UNAT held that UNDT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

UNAT considered the three appeals by the Secretary-General against the UNDT Orders. UNAT held that the appeals were receivable because: (1) UNDT exceeded its jurisdiction under Article 2. 2 of the UNDT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) UNDT exceeded its jurisdiction under Article 10. 2 of the UNDT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. UNAT held that Order No. 129 suspended the contested decision beyond...

UNAT considered the Appellant’s appeal and found that the Appellant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNAT held that the application for suspension of action during the pendency of management evaluation was rightly declared not receivable as it was time-barred. UNAT held that UNDT did not exceed or wrongly exercise its jurisdiction in rejecting the suspension of action. UNDT dismissed the appeal and upheld the UNDT judgment.

UNAT agreed with UNDT that the request for management evaluation was time-barred and not receivable. UNAT held that the 60-day time limit for the purpose of requesting management evaluation of a non-selection decision started on 29 October 2010, when the staff member was informed of her non-selection, and not on 17 December 2010, when she learned of the identity of the selected candidate. UNAT held that there was no second administrative decision that reset the time limit; rather, the staff member learning the identity of the selected candidate was a consequence of the administrative decision...

UNAT considered an appeal by the Secretary-General. UNAT considered it both reasonable and practical to provide for two different dates from which the time limit commenced to run. When the management evaluation is received within the deadline of 45 days, an application must be filed with the UNDT within 90 calendar days of an applicant’s receipt of the management evaluation response. However, when the management evaluation is received after the deadline of 45 calendar days but before the expiration of 90 days for applying to UNDT, the receipt of the management evaluation will result in setting...

UNAT considered an appeal by the Secretary-General. UNAT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. UNAT held that the UNDT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that UNDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. UNAT noted that...

UNAT considered an appeal by the Secretary-General. UNAT held that as the Secretary-General had clearly established the UNDT’s lack of jurisdiction, UNAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. UNAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. UNAT held that the appeal was receivable. On the merits, UNAT held that UNDT’s finding that there was one...