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The UNAT held that the UNDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance.  The UNAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard.  The UNAT observed that he had received “partially meets performance expectations” for two performance cycles, and “does not meet expectations” for the most recent performance cycle.  He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...

The UNAT considered an appeal by the staff member.

The UNAT found that the UNDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member’s separation. The UNAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The UNAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...

The deadline for the Applicant’s request for compensation for any alleged irregularity in the handling of his complaint of misconduct started on 27 June 2019 when he was notified of the outcome of the complaint. The 27 June 2019 notification rendered the decision resulting from the Applicant’s complaint final and therefore reviewable under art. 2.1(a) of the Tribunal’s Statute. Consequently, the notification date starts the clock running for any challenge of such administrative decision. Under staff rule 11.2(c), the Applicant had 60 days to request management evaluation of the contested...

UNAT considered the Secretary-General’s appeal. UNAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. UNAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. UNAT accordingly held that UNAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant’s...

The Secretary-General appealed, asserting that UNDT exceeded its competence in ordering suspension of the decision not to renew Mr Onana’s appointment until it determined the substantive application on its merits. UNAT noted the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must therefore be narrowly interpreted; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. UNAT...

UNAT considered the Secretary-General’s appeals against UNDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. UNAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the UNDT Statute authorizes UNDT to order suspension of a contested decision only “during the pendency of the management evaluation”. UNAT found that UNDT exceeded its jurisdiction in ordering suspension of the contested...

The Secretary-General appealed the UNDT order. UNAT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of UNDT RoP have elapsed, and where UNDT is not in a position to make a decision under Article 2. 2 of the UNDT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the UNDT...

UNAT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. UNAT held that UNDT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. UNAT held that UNDT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...

UNAT considered an appeal by the Secretary-General. UNAT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where UNDT has manifestly exceeded its jurisdiction. UNAT held that even though UNDT may have committed a procedural error, it had not exceeded its jurisdiction. UNAT dismissed the appeal.

UNAT held that it would not lightly interfere with the UNDT’s exercise of its jurisdictional powers, conferred on UNDT by its Statute, which enables cases to be judged fairly and expeditiously. UNAT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of UNDT, notwithstanding the alleged breach of procedural fairness. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.