Abuse of process before UNDT/UNAT

The UNAT noted that as per ISA’s Staff Rule the UNAT has the competence to “order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level”. The UNAT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall’s Motion.

However, the UNAT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB’s decision. Mr...

The UNAT noted that the interview panel had nominated the staff member as one of the recommended candidates for appointment to the post but the Recruitment Report had been erroneously silent as to whether she had been considered on an equivalency basis. The UNAT observed that the advisory committee had subsequently found that her experience did not qualify her for equivalency and that she had not met the educational qualifications.

The UNAT held that because the staff member had been wrongly shortlisted, her participation in the remainder of the recruitment process had been unlawful and any...

The UNAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the UNAT to reject it. The UNAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The UNAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.

The UNAT was of the view that the request for execution relied on the staff member’s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The UNAT further noted that the Judgment had...

The UNAT noted that the Agency had removed the disputed Note from the staff member’s Official Status File and provided him with his requested certificate of service and performance evaluations. The UNAT found that the appeal in the respective part had therefore become moot.

The UNAT held that even if the issue were not moot, it was not persuaded that the UNWRA DT had exercised its discretion injudiciously or otherwise erred. The UNAT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first UNRWA DT Judgment.

The UNAT found that the staff...

The UNAT held that the UNDT had erred by failing to grant the remedy under Article 10(5)(a) of the UNDT Statute after it had found that the disciplinary decision was unlawful. The UNDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The UNAT remanded the case to the UNDT for determination of the appropriate remedy.

The UNAT agreed with the UNDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the UNAT held that the UNDT had erred in the...

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The UNAT noted that the UNDT’s findings had been based on credible evidence when it determined that the staff member’s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The UNAT was of the view that in light of the testimony of the staff member’s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the UNDT to conclude that the Administration had failed to establish the medical...

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The UNAT held that the President of the Council of ICAO, in taking the decision not to approve the appointment of the staff member to the post, had regard to relevant considerations: the staff member was negatively assessed by the interview panel and the assessment centre, and had serious weaknesses in areas of vision and other competencies which were critical skills for ICAO. The UNAT found that the reasons provided by the President accorded with the facts.

The UNAT was of the view that, although the President discussed the matter with some members of the panel, these discussions had not...

The UNAT held that the application for revision had no merit. The UNAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The UNAT noted furthermore that the applicant’s submissions essentially repeated or added to the same arguments that she had raised before the UNAT in the prior proceedings.

In addition, the UNAT pointed out that in failing to comply with the Order in which the UNAT granted in...