Â鶹APP

The application was receivable because there was a reviewable administrative decision stemming from the SRO¡¯s negative comments and rating in the Applicant¡¯s performance appraisal because the Applicant was granted only a six-month contract instead of the one year appointment that he was granted when he initially entered on duty with UNSMIL. Thus, the SRO¡¯s comments had direct legal consequences for the Applicant in that he ended up with a shorter term of appointment. Although the Respondent had made assurances to the Applicant that the 2015-2016 e- PAS would be rolled back and re-created, his...

The Tribunal concluded that the application was generally not receivable because the Applicant was specifically challenging MEU¡¯s negative responses to her various requests for management evalution. This conclusion nothwithstanding, the Tribunal reviewed each of the Applicant¡¯s claims and concluded that they were not receivable because she: failed to identify an administrative decision within the meaning of art. 2.1(a) of the UNDT Statute in relation to her claim that there was a ¡°wall of silence¡± was estopped from re-litigating her claim in relation to the delay in releasing the results of...

Case No. UNDT/GVA/2015/129

Contingency of the Applicant¡¯s FTA: return of Mr. C. to post No. 501057

Under sec. 6.7 of ST/AI/2010/3, in cases of secondment, a lien against a specific post shall only be granted for up to two years, after which it shall be surrendered. No discretion is granted to the Administration for extending the lien beyond the two years. Quite distinctly, para. 7 of ST/AI/404 allows the Administration to extend the mission assignment beyond the two years period, and continue blocking a specific post in the parent department, provided there is a specific written agreement to...

The Applicant submitted that his initial ¡°informal¡± enquiries into a possible review of his retirement age only began in July 2016, and that his first formal query of the date was not until 13 August 2016. It was difficult to imagine why the Applicant never thought to query the applicable position, or seek to have the mandatory retirement age in respect of himself reviewed, until five months before he was actually due to retire. Indeed, the Applicant had not sought to even challenge any of the Respondent¡¯s submissions on receivability. While the Tribunal appreciated that a self-represented...

The Applicant failed to comply with art. 8.1(d)(ii) of the UNDT Statute, because he did not file his application until more than one year after the 90-day statutory deadline. The Tribunal held that the application was time-barred due to the Applicant¡¯s failure to file his application within the established time limits. The Tribunal also held that the Applicant failed to articulate any exceptional circumstances justifying the delay.

The Tribunal found that the Applicant¡¯s separation was lawful. Insofar as the determination that the Applicant was fit to work on the date of his separation from service had been made through the statutory mechanisms specially designed to settle sick leave related matters, and in conformity with the established procedures, the Organization was not bound, under sec. 4.9 of ST/AI/2013/1, to further extend his contract, regardless of whether he still had a balance of sick leave days. The Tribunal also held that, while there was an excessive delay in notifying the Applicant of his separation, he...

Receivability before the UNCB. As follows from art. 12 read together with art. 14(b)(ii) of ST/AI/149/Rev.4, for a compensation claim for damage to be receivable before the UNCB, the relevant staff member is required (¡°shall¡±) to take the following mandatory and cumulative actions, setting forth in detail all relevant circumstances to UNCB: (a) to notify the Â鶹APP authorities and the local police about the incident as soon as possible; (b) to submit all pertinent evidence; (c) in case the staff member holds valid personal insurance at the date of the incident, to take all the...

The Tribunal found that the Organization¡¯s inaction to resolve the failure to timely pay to the Applicant the amount due constituted an implied decision, which, in turn, was an appealable administrative decision subject to scrutiny, regarding the period of delay, even if the amount due had eventually been paid. The Tribunal ruled that the Applicant had a contractual right to receive her salary and to receive it in a timely manner. Technical problems following the deployment of a new ERP system are not a justification for a denial of such an entitlement. Therefore, the Tribunal awarded...

Receivability ratione materiae: The application is receivable ratione materiae if the applicant is contesting ¡°an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment¡± (art. 2.1 of the Statute) and if the applicant previously submitted the contested administrative decision for management evaluation, where required (art. 8.1(c) of the Statute).

The Applicant was informed in February 2007 that his promotion must follow a competitive recruitment process. The contention that he should have been promoted to the G-5 level at the time could and should have been challenged when the Applicant received formal notification of his retroactive promotion in October/November 2007. He did not. He also did not challenge the Respondent¡¯s letter of 6 May 2015.