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UNAT considered an appeal by the Secretary-General limited to Case 2. UNAT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. UNAT held that UNDT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. UNAT held that UNDT committed...

UNAT considered appeals from both the Secretary-General and Ms Fuentes. UNAT held that UNDT correctly found her appeal regarding an investigation by OIOS to be time-barred. UNAT held that UNDT correctly held that it was the special procedure under Administrative Instruction ST/AI/1998/9 and not former Staff Rule 111(2)(a) that applied to appeals of classification decisions and that the Administration had failed to respond to Ms Fuentes¡¯ appeal against the reclassification decision. UNAT dismissed both appeals and affirmed the UNDT judgment.

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.

The former staff members filed an application for revision of judgment 2010-UNAT-034. UNAT held that none of the facts presented fulfilled the requirements of Article 11(1) of the UNAT Statute and Article 24 of the Rules of Procedure. UNAT held that the application for revision was an attempt to relitigate the case. UNAT dismissed the application for revision.

UNAT considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. UNAT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General¡¯s appeal, UNAT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former UN Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. UNAT held that the staff member needed to make a request for review of the administrative...

UNAT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. UNAT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. UNAT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. UNAT held that...

UNAT considered the Secretary-General¡¯s appeal. UNAT held that, in converting on its own motion an application for suspension into an application on the merits, UNDT had taken an ultra petita decision, ordering measures not requested of it. UNAT held that, in taking the contested decision while a management evaluation was under way, UNDT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. UNAT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...

UNAT granted the Secretary-General¡¯s appeal on the basis that UNDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. UNAT held that UNDT took an ultra petita decision by ordering measures for which no claim had been made.

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms Johnson. UNAT agreed with UNDT¡¯s analysis and held that the decision to deny the staff member a refund of the US income tax on her salary and emoluments was unlawful. UNAT recalled that the US grants foreign tax credits in respect of income tax paid by one of its nationals or permanent residents to another State to relieve the effects of double taxation. UNAT held that the exclusion of such credits as payment would not only contravene the principle of equality of treatment among staff members if staff members from the...

UNAT held that the Appellant had not shown that the Secretary-General of IMO was required, under the IMO staff regulations and the staff rules, to make available to a federation of international staff associations from different organisations an IMO staff member, who was elected to a high office, for all or part of the term. UNAT held that the reference in the appeal to Staff Rule 108. 1, concerning election, composition, and competencies of the staff committee, did not apply in the case. As to the question of inter-agency cost-sharing, UNAT held that it could only establish that this had to...