Â鶹APP

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that, because the Applicant was able to secure alternative employment, albeit at a lower...

As the Appeals Tribunal stated in Bowen 2011-UNAT-183, the Applicant¡¯s termination indemnity should be taken into account when awarding compensation. This is consistent with the Appeals Tribunal¡¯s pronouncement in Warren 2010-UNAT-059 that ¡°the very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organization complied with its contractual obligations¡±. Therefore, as both the termination indemnity and the payment in lieu of notice stemmed from the improper termination of the Applicant¡¯s appointment, these sums shall be deducted from...

The UNDT found that the Applicant was not afforded proper priority consideration for the DM post under the framework established by staff rules 9.6(e) and 13.1(d). Tribunal finds that, had the Applicant been afforded proper consideration for the DM post as a displaced permanent staff member, he would have had fifty per cent chance of being selected. The UNDT found that there was insufficient evidence to establish that the selection process was tainted by bias against the Applicant. Having considered relevant factors¡ªnamely, that (i) the Applicant lost a fifty per cent chance of being selected...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9(6)(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that the Applicant¡¯s termination was unlawful because he did not receive proper...

The UNDT found that the element of the application concerning conversion to permanent appointment was not receivable as the Applicant had not requested management evaluation of this decision. In respect to the receivable elements of the application, the UNDT found that the Applicant had no legitimate expectation of renewal. However, the Tribunal found that the decision not to renew his appointment was unlawful, as it was based on a flawed performance management process. In particular, in the Applicant¡¯s first performance cycle, there were significant delays in the implementation of the various...

Compensation for delayed placement on roster of pre-approved candidates: Although the Applicant was not selected for the post, the delay in the selection exercise had a direct impact on him because, had this exercise been finished sooner, the Applicant would have been placed on the roster of pre-approved candidates earlier, which would have opened up additional employment opportunities that would have been available to him as a roster candidate. The UNDT found that the Applicant was given full and fair consideration in the selection process. However, the UNDT found that the selection exercise...

The Tribunal found that the Respondent did not comply with his obligation to make reasonable and good faith efforts under staff rules 9.6(e) and 13.1(d) to find the Applicant an alternative post. Termination of appointment: A termination of a contract of employment by reason of restructuring of the workplace is lawful provided that the Organization discharges fully its duty and obligations towards the displaced staff member in accordance with the applicable law; the latter, in the case of termination of a permanent appointment for abolition of post, is staff rules 9.6(e) and 13.1(d). Duty of...

The Tribunal found that the facts of the case created a situation in which a fair-minded observer would have concluded that there was a real possibility that the presence of that senior official on the interview panel would lead to a reasonable perception of bias. It was thus unreasonable for that Panel member not to, at least, have raised the matter of a perceived conflict of interest with the panel and, ultimately, not to have recused himself from sitting on it. However, since there was no evidence that the presence of the senior manager had an impact on the outcome of the selection process...

The Tribunal found that the Organization failed to fulfil its obligations by not making timely payments to the Applicant under art. 11.2(d) of Appendix D for the two periods concerned, and that the amounts paid to the Applicant did not compensate him for the delay in payment as they should have. The Tribunal awarded the Applicant material damages in the amount of USD29,261.86 plus CHF10,544.50, and compensation for any additional taxes due by the Applicant, upon presentation of his tax declarations to the Respondent, resulting from the receipt of a lump sum of USD72,266.46 in 2015, instead of...

The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is ¡°the improper use of a position of influence, power or authority against another person¡±. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to...