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The UNAT noted that when the staff member had moved to North Carolina, he had not enquired whether or not he was obligated to pay the income tax of that state. Nevertheless, the UNAT concluded that the Secretary-General had erred in applying a one-year time limit to his request for reimbursement of his North Carolina state income tax for 2015-2018.

The UNAT considered the language of the relevant Staff Regulations and Staff Rules, interpretative doctrines, the legal regime of staff assessment, the hierarchy of the relevant norms and the apparent intent of the General Assembly. The UNAT...

The UNAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered.  In particular, the UNAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result.  The UNAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches “for several years” and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The UNAT held that the UNDT acted within its discretion by issuing the impugned Judgment without holding an oral hearing, especially as the issue for consideration was one of receivability.  The UNAT also held that the UNDT did not err in failing to give the staff member an opportunity to comment on the Secretary-General’s reply as he did not file a motion for additional pleadings.

The UNAT found that the UNDT correctly identified that the contested decision was the Administration’s decision not to reclassify his position.

The UNAT held that the staff member should have appealed the...

The UNAT held that by requesting management evaluation of the negative outcome of the reclassification process, the staff member breached procedural prerequisites.  Instead, he should have appealed the contested decision as laid down in Sections 5 and 6 of ST/AI/1998/9 (System for the classification of posts).  As the staff member’s application was not receivable, the UNAT found that it could not consider his submissions and additional evidence concerning the merits of the case.  The UNAT denied the staff member’s request for compensation in light of its decision to affirm the impugned...

The UNAT considered an appeal by the staff member.

The UNAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The UNAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The UNAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The UNAT found that the UNDT had made an error of fact...

The UNAT considered an appeal by the Secretary-General of WMO.

The UNAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The UNAT noted that the UNDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The UNAT was of the view that WMO’s decision purporting to rescind its agreement affected the staff member’s established career and personal...

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...

The issue in this case is whether EG and SEG consist of two independent benefits that can be granted in combination.

Pursuant to sec. 6.1(a) of ST/AI/2018/2/Amend.1, the overall maximum amount of SEG shall be equal to the upper limit of the top bracket of the global sliding scale applicable to the education grant scheme. The law does not allow an interpretation where EG and SEG can be “stacked”. 

Indeed, the difference between EG and SEG is in the percentages of reimbursement that eligible staff members are entitled to receive. This difference in reimbursement percentage addresses the...

The application was dismissed.

The Applicant erred in her assessment that OIOS is not part of the Administration and that its decision does not constitute a final challengeable administrative decision. Indeed, OIOS is part of the Secretariat. It “operates under the authority” of the Secretary-General, albeit its operational “independence”. Accordingly, decisios made by OIOS can constitute, in fact, final administrative decision. The fact that the Applicant made two reports, namely one to OIOS and one to the Administration, did not create a duty on any other person or office to make a final decision, given that the...