Â鶹APP

The UNDT found that the decision to deny the Applicant¡¯s request for advance home leave was unlawful and ordered the Respondent to correct the Applicant¡¯s personnel file to reflect the home leave points she accrued while working on temporary appointments, and to pay her material damages in the amount of USD1,543.04, in compensation of the price she paid for her flight ticket. Transition from a temporary to a fixed-term appointment: Sec. 1.2 of ST/AI/2010/4/Rev.1 indicates how the Organization shall proceed when granting a fixed-term appointment after a temporary appointment. However, it does...

Since the receivability of an application is a question of law, the Tribunal considers that it is appropriate to make use of art. 9 of its Rules of Procedure, and to decide on the application by way of summary judgment, without transmitting it to the Respondent. Upon taking up her functions as a Programme Management Officer at UNFCCC on 8 November 2012, the Applicant knew about her step in grade, as per her offer of appointment of 24 September 2012. Since the Applicant filed her request for management evaluation against the determination of her step upon recruitment with UNFCCC four years...

The Tribunal (a) granted the application in part, (b) rescinded the contested decision in part and replaced the excessive and unlawful disciplinary measure of dismissal with the lesser sanction of separation from service with termination indemnity; (c) ordered the judgment to be included in the Applicant¡¯s official status file and all references relating to the disciplinary sanction of dismissal to be removed from this file and to be replaced with the new sanction, namely separation from service with termination indemnity; and (d) in the event that the Respondent would decide not to rescind...

Filling of a vacancy by a lateral transfer: The choice of filling a post by lateral move¡ªwithout going through a fullfledged competitive selection process¡ªis provided for by sec. 2.5 of ST/AI/2010/3 and does not per se violate any of the superior rules prescribing the goal of ensuring the highest standards of efficiency, competency and integrity. Nevertheless, as any discretionary decision, such course of action must not be arbitrary, capricious, tainted by improper motives, based on erroneous or irrelevant considerations, procedurally flawed or resulting in a manifestly unreasonable outcome...

The Tribunal accepted the application in part. It awarded the Applicant one-month¡¯s net base salary for moral damages and two-months¡¯ net base salary for breach of her employment contract. The Tribunal found that the manner in which the Applicant was treated by the ESCWA management deserved compensation. The evidence showed that the Applicant was removed from her functions without prior notice. She was requested to turn over her security pass and leave the premises immediately. She was not allowed to enter the premises without authorization. In this regard, the Tribunal found that compensation...

The Tribunal dismissed the application on the merits.

It was not unreasonable to infer that on 3 July 2015, having gone through the rigors of a criminal judicial proceeding and having been acquitted of all charges, the Applicants became aware that there may have been breaches of the applicable rules governing their arrest and detention as Â鶹APP staff members and the waiver of their immunities. The Applicants¡¯ causes of action in relation to the remedies for the alleged breaches of the procedures under A/63/331 and ST/AI/299 arose on 3 July 2015. Accordingly, pursuant to staff rule 11.2(c) the Applicants were, therefore, required to seek...

The Tribunal held that the Applicant¡¯s challenge in relation to the decision to cancel his administrative leave (¡°AL¡±) was without merit. The Tribunal reasoned that the evidence showed that the Applicant was placed on AL after UNOPS had received allegations of intimidation, harassment and other misconduct against him in the Sudan office. The Applicant did not contest the decision to place him on AL but only the decision informing him that his AL had not been extended and that no disciplinary action was being taken against him regarding the allegations. Accordingly, the decision not to extend...

The Applicant did not conduct herself with the ¡°honesty and truthfulness¡± that was expected of her. The Tribunal further found that the Applicant placed herself in a position in which her interests conflicted with those of the Organization.

The Applicant requests revision of UNDT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the Â鶹APP Appeals Tribunal.