Article 18.1

The UNAT declined Mr. Turk’s request for an oral hearing, and found no error in the UNDT’s decision not to order the production of additional documents.

The UNAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The UNAT also confirmed that the Tribunals will not interfere with the Organization’s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the UNAT held that the...

The UNAT considered three appeals by the applicant.

The UNAT found that the impugned Order was an interlocutory order and was obviously beyond the competence of the UNAT.

The UNAT held that the applicant had not submitted documents to prove being a United Nations staff member and that he had no legal standing before the UNDT. The UNAT noted that there was no evidence of an offer of appointment having been issued to him for either post. Second, he failed to complete the pre-recruitment formalities for both posts. Third, he failed to confirm, within a reasonable time, his interest and...

UNAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to UNDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, UNAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. UNAT agreed with the finding of UNDT that the established facts amounted to serious...

UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...

On the Applicant’s claim that UNDT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, UNAT held that UNDT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. UNAT held that UNDT’s conclusions were consistent with the evidence. UNAT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. UNAT dismissed the appeal and affirmed the...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. UNAT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. UNAT held that the established facts amounted to misconduct on the part of Mr. Nyawa. UNAT disagreed with UNDT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, UNAT found that UNDT’s holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting UNAT intervention...