Â鶹APP

The Respondent submitted that the case was not receivable ratione materiae as it did not concern an appealable decision, but the Tribunal rejected this claim and found the case receiveable.

It is unequivocally incumbent upon the Organization to provide anyone who files a complaint with a properly reasoned decision, especially when the complaint is being rejected. This also enables the staff member to promptly exercise other available options including a challenge to that decision. Endless email communications do not provide staff members with finality of a determination, thus placing them in a precarious situation if they are to challenge such a decision taking note of statutory time-limits.; This Tribunal found that the decision of the former UNICEF Representative PCO not to...

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...

The Tribunal is of the view that in light of the oral evidence presented to the factfinding panel by the FRO and SRO, instead of them following the recommendations of the second rebuttal panel to initiate and provide real support to the Applicant at every stage of the process, they continued their negative behavior towards the Applicant and they did not temporarily rotate/assign him to another position in a different Unit for the following six months (up to one year starting from 19 March 2014), and to allow for the continuation of his third probationary year. The Tribunal concludes that the...

The parties disagreed as to the date the contested decision was notified to the Applicant and the Tribunal had to determine which of the communications triggered the running of the 60-day time limit to request management evaluation.; It was uncontested by the Applicant that he was informed, unequivocally, by his manager on 28 October 2015, that his contract was going to be terminated effective 31 January 2016 and that he was being placed on special leave with full pay as of 1 November 2015. He was also unequivocally informed on that date that he would no longer have access to his emails and...

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...

Receivability The Tribunal noted that the time UNMIK¡¯s Administration took to provide the Applicant with a copy of the outcome of his rebuttal, and to transmit the rebuttal panel¡¯s report to OHRM in New York in order for it to be placed in the Applicant¡¯s OSF, are both administrative inactions susceptible to affect the Applicant¡¯s rights stemming from ST/AI/2010/5 (Performance Management and Development System). Almost twenty months elapsed between the completion of the Applicant¡¯s rebuttal and UNMIK¡¯s transmission of the rebuttal panel¡¯s report to OHRM. During that period, the Applicant¡¯s...

Under sec. 3.2 of ST/SB/2008/5 and as a matter of good faith and fair dealing, by failing/omitting to review and consider an Applicant¡¯s complaint and informing him of the result, the Administration rendered an appealable administrative decision in accordance with art. 2.1 of the UNDT Statute and the Appeals Tribunal¡¯s consistent jurisprudence. The Tribunal finds that the application is receivable.

In circumstances where an applicant is not provided with the whole of the documentation involved in a matter sought to be brought before the Tribunal, it is essential that as material is provided to an applicant there be a right to amend an application. To not allow the amendment of the application would not ¡°do justice to the parties¡± or ¡°lead to the fair disposal of the case¡±. Clearly, not permitting an amendment of the application when the true state of affairs is revealed for the first time by the Respondent would offend the inherent obligations of the Tribunal consistent with the...

The Tribunal held that the evidence before it showed that the Applicant had signed a contract with UNOPS governed by the terms and conditions of the UNOPS Individual Contractor Agreement which, among others, provided that the Applicant had a status of an independent contractor, and was not to be regarded, for any purpose, as a staff member of UNOPS or any other entity of the Â鶹APP. Therefore, the Applicant, not being a staff member of UNOPS or any other entity of the Â鶹APP, had no locus standi before the Tribunal. As a result, the application was struck out as being not...