Article 2.3

The UNAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. UNDT/2022/124 and that the UNDT did not err in delivering its Judgment during the pendency of that appeal.  The UNAT nevertheless observed that the UNDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022).  Despite this, the UNAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case.  With regard to Order No. 158 (NBI/2022), the UNAT held that the UNDT rightfully refused to...

UNAT held that UNDT had made no error in finding that as a General Service staff member at the G-5 level, the Applicant was not eligible to apply for the vacancy advertised in the JO, which was a post in the Professional category at the P-5 level and that, therefore, the disputed decision had no legal consequences affecting him and no effect on his rights and terms of employment. UNAT held that UNDT did not err in its finding that the Appellant was not claiming a right to be consulted as an individual staff member, but rather, in his capacity as a staff representative. UNAT held that there was...

UNAT held that UNDT did not err in fact or in law in finding that the Appellant did not request management evaluation of the disputed decision and that his application was therefore not receivable. UNAT agreed with UNDT that the Appellant did not have standing to challenge a decision affecting his right to consultation as a staff representative. UNAT held that the Appellant had failed to demonstrate any error of law or fact committed by UNDT in arriving at its judgment that his application was not receivable regarding the fact that the contested decision had no direct legal consequences...

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 the Appellant did not fall under any of the categories of potential applicants and had no legal standing before UNDT. UNAT held that, accordingly, the Appellant had no standing before UNAT and therefore UNAT had no competence to address the merits of her claims. UNAT dismissed the appeal and affirmed the UNDT judgment.