Â鶹APP

The decision to refuse further medical evacuation was first notified to the Applicant on 15 July 2014 but he did not request management evaluation until 29 January 2017 after later requests for medical evacuation had been refused. The application was not receivable because subsequent reiterations of the same decision did not have the effect of resetting the clock for management evaluation.

The Tribunal examined the alleged procedural errors in the appointment of the investigation panel and the conduct of its investigation, before turning to examine the alleged errors in the making of the contested decision itself. Appointment of the panel The Tribunal found that the panel, appointed by a responsible official (the then Executive Director OAJ) who had a conflict of interest, was not constituted in accordance with sec. 5.14 of ST/SGB/2008/5. It was illegal and void ab initio. A decision maker cannot, knowing the basis of a request for recusal, take important steps in a process such...

The Tribunal examined the alleged procedural errors in the appointment of the investigation panel and the conduct of its investigation, before turning to examine the alleged errors in the making of the contested decision itself.; Appointment of the panel; The Tribunal found that the panel, appointed by a responsible official (the then Executive Director OAJ) who had a conflict of interest, was not constituted in accordance with sec. 5.14 of ST/SGB/2008/5. It was illegal and void ab initio. A decision maker cannot, knowing the basis of a request for recusal, take important steps in a process...

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the applications irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

The Tribunal rejected the application noting that the evidence before the Tribunal establishes that the Respondent has executed the Judgment No. UNDT/2016/185.

With respect to the content of judgment Lloret Alca?iz et al., the applicants raised the following question to the Tribunal: Is it the intention of the Tribunal in this Judgment for the Applicants to continue to receive a ¡°dependency rate of salary¡± after their first dependent child ceases to be dependent and up until their youngest dependent child is no longer recognized as a dependent?; The Tribunal found that the Applicants asked it to go beyond the conclusions of its Judgment in raising ex post facto a question about the interpretation of the former regime, which was not raised nor...

The Tribunal found that the contested decision in the present case was the High Commissioner¡¯s decision of 17 October 2014, which considered the Applicant¡¯s candidacy for promotion at the P-5 level, notified to the Applicant on 20 October 2014. This decision was not subject to any further review or superseded by a new one.; The Tribunal noted that the decision of 2 March 2015 did not consider the Applicant¡¯s recourse application on the merits as it was filed out of time, which left the original decision of 17 October 2014 undisturbed. The Tribunal therefore found that the decision of 2 March...

The Applicant did not show that the findings of the Rebuttal Panel together with her final performance appraisal resulted in an administrative decision to her detriment. Although the delay in finalizing the Rebuttal Panel Report was far in excess of the period contemplated under ST/AI/2010/5, the delay did not constitute an error of procedure in light of the reasons advanced by the Respondent. In accordance with section 15.4 of ST/AI/2010/5, it was mandatory for the Administration to place the report of the Rebuttal Panel on the Applicant¡¯s official status file and that there was no exercise...

Since a PIP was not put in place prior to the expiry of the Applicant¡¯s fixed-term appointment, she could not rely on section 10.5 of ST/AI/2010/5 for the renewal of her contract. The Administration extended the Applicant¡¯s contract several times despite her refusal to accept the offers of contract extension. These extensions were deemed contrary to a strict application of the requirements of section 4.4 of ST/AI 2013/1 and inconsistent with administrative regularity. However, MONUSCO continued to extend the Applicant¡¯s contract in the hope of persuading her to cooperate with the PIP. It was...

Administrative leave; The Tribunal noted that the decision letter of 27 July 2017 conveyed that the decision was based on the reputational risk to the Organization in light of the allegations against the Applicant, relating to sexual abuse and exploitation of an underage girl, and on the basis of the available evidence and findings of the investigation report.; The Tribunal was satisfied that the sensitive nature of the allegations, which were sustained by some evidence, justified the Administration¡¯s decision, in its exercise of discretion, to put the Applicant on administrative leave, in...