UNDT/2019/084, Ruyffelaere
Given that the Applicant believed that he had to receive the decision directly from the USG/DM he ought reasonably to have concluded that there was an implied decision not to commission a fact-finding enquiry long before his request for management evaluation on 25 April 2017, two years and seven months after he was notified by OIOS that they had referred his complaint to the USG/DM. The interests of both staff members and the decision maker/s are best served by a contemporaneous record of the fact that there was a review under the guidance or delegated authority of the responsible official and...
UNDT/2019/075, Kamali
As the Applicant withdrew claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/072, Rodriguez-Garcia
As the Applicant withdrew claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/070, Buendia Martinez
As the Applicant withdrew claim, there was no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/071, Parrondo-Rodriguez
As the Applicant withdrew claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/065, Licul
Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/066, Shermet et al.
In the absence of any arguable point of law and given the binding rulings of the Appeals Tribunal in the aforementioned judgments on the Salary Scale Cases, the claims are dismissed.
UNDT/2019/067, González del Tanago
In the absence of any arguable point of law and given the binding rulings of the Appeals Tribunal in Lloret-Alcaniz et al. 2018-UNAT-840, Quijano-Evans et al. 2018-UNAT-841 and Mirella et al. 2018-UNAT-842, the claim is dismissed.
UNDT/2019/060, Pala-Krishnan
Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/061, Alford
Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/062, Elbaz
Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/063, Nedel
Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2019/064, Lopez Posse
Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
UNDT/2018/116, El-Awar
At the relevant time, the Applicant was serving as Senior Coordination Officer for the Global Water Operators Partnerships Alliance (“GWOPA”), an alliance of partners promoting the Water Operators Partnership established by UN-Habitat. He was heading the GWOPA Secretariat and was sitting ex officio on the GWOPA Steering Committee as representative of the GWOPA Secretariat. The contested decisions were notified to the Applicant in two memoranda sent on the same day.; The Tribunal identified the following legal issues:; What was the nature of the contested decisions? Was the Applicant subjected...
UNDT/2018/113, Abdellaoui
The Tribunal examined the following issues:; Issue No. 1 Classification exercise and lateral move requirements; The Tribunal noted that prior to the post being advertised it had been classified as a; “geographical” rather than a “language” post. As a consequence, the lateral move requirements, which apply to geographical but not to language posts, would have been to the Applicant’s disadvantage. Following its classification as a language post this requirement was removed and staff at P-4 level, including the Applicant, were eligible to apply notwithstanding any lack of lateral moves.; Clearly...
UNDT/2018/114, Abdellaoui
The Tribunal found that the Applicant was contesting the decision not to investigate her complaint under ST/SGB/2008/5 against the Chief, Languages Services (“Chief LS”), and fifteen of her colleagues and, following the investigation against two individuals, the decision to take managerial action against only one of the staff members she had complained about.; Receivability; Since the Applicant failed to request timely management evaluation of the decision not to investigate her complaint against the Chief, LS, and fifteen other staff members,; notified to her on 30 March 2017, these claims in...
UNDT/2018/106, Kinyanjui
The Applicant’s allegations of abuse of power arose from an understandable and reasonable suspicion but are not substantiated by the evidence heard by the Tribunal.; The re-advertisement of the contested position including a description of the operational context does not constitute a procedural flaw and the explanations provided are sufficient to conclude that it was not prompted by an ulterior motive.; The Applicant has not demonstrated that he was subjected to a detriment by any procedural or substantive error in respect of the first advertised JO. The Tribunal finds that the Applicant’s...
UNDT/2018/096, Farzin
The Certificate of No Contest/Lump Sum that formalized the Applicant’s agreed separation has all the hallmarks of a binding agreement freely entered into by the Applicant for a consideration which he would not otherwise have been entitled to, and there is no suggestion by the Applicant that it was procured by duress, misrepresentation or other impermissible consideration or action.; Notwithstanding the fact that the Applicant did not clearly identify the decision(s) he sought to contest, the Tribunal notes that the Applicant’s claims all relate to his period of employment with UNDP, which...
UNDT/2018/065, Elzarov
The Tribunal held that the Respondent had made more than a minimal showing that the decision not to select the Applicant for the position of D-1, Chief of Service, Humanitarian Affairs, was not tainted by improper consideations. The Applicant failed to show that he was denied a fair chance of promotion. Accordingly, the application was dismissed.
UNDT/2018/068, Afeworki
The complaint concerning the receivability of the decision not to grant the Applicant a continuing appointment was dismissed on two grounds. It was not receivable because the Applicant did not request management evaluation and secondly, because the Applicant was not in active service throughout the period of consideration as required by the provisions of section 2.6 of ST/AI/2012/3. The Tribunal found that the civilian staffing review conducted by the RSCE, resulting in the reduction of several posts, was conducted for a bona fide reason and its proposals were endorsed by the General Assembly...