91Â鶹ÌìÃÀ

UNAT held that the Appellant did not address any error of fact or law in the UNDT judgment. UNAT held that the irregularities in the procedure did not amount to a breach of the Appellant’s due process rights. UNAT held that it was irrelevant whether the Appellant filed his application before UNDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT found that UNDT had not addressed the Appellant’s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellant’s request for more time into an application. UNAT held that UNDT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant’s due process rights. UNAT vacated the UNDT judgment and...

UNAT found that UNDT had not addressed the Appellant’s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellant’s request for more time into an application. UNAT held that UNDT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant’s due process rights. UNAT vacated the UNDT judgment and...

UNAT considered the appeal from Thomas et al. UNAT found that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due...

UNAT held that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. UNAT vacated the UNDT judgment and...

UNAT held that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. UNAT vacated the UNDT judgment and...

UNAT found that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. UNAT vacated the UNDT judgment and...

UNAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. UNAT denied the Appellant’s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. UNAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. UNAT held that the UNDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. UNAT held that UNDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

On appeal by the Secretary-General, UNAT found that UNDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. UNAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. UNAT found that UNDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

UNAT considered an appeal by the staff member arguing that UNDT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. UNAT found no error in the UNDT judgment not awarding in-lieu compensation. UNAT held that since the Secretary-General concurred with the remand in question, the claim became moot. UNAT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. UNAT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...