Â鶹APP

The Tribunal concludes that the Applicant¡¯s application for the three P-3 posts was not fully and fairly considered, since the Hiring Manager did not personally evaluate her candidacy based on the information included in the PHP and e-PAS reports, while formally endorsing the decision of the CSS/OSU not to shortlist the Applicant. The Applicant¡¯s e-PAS reports contained essential information regarding the Applicant¡¯s fulfilment of the highly desirable requirements for the job opening. The Tribunal concludes that it has no competence to order the Secretary-General to assess the way the...

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...

General Assembly Resolution 61/264 (Liabilities and proposed funding for after-service health insurance), adopted on 4 April 2007, introduced a major change in relation to a fundamental and essential contractual right, namely the right to after-service health insurance. The Tribunal is of the view that General Assembly Resolution 61/264 relates to the fundamental human right of medical care/health, which includes the right to after-service health insurance, and should have been implemented through specific and clear staff rules adopted by the Secretary-General. However, due to an inherited...

The Tribunal finds that since the Applicant¡¯s EOD into the Â鶹APP common system is 10 October 2005, the Administration used the incorrect EOD date for the calculation of the termination indemnity due to the Applicant. Therefore, the contested decision is unlawful and stands to be rescinded. The Tribunal finds that the Applicant has placed no evidence whatsoever, illustrating any discriminatory treatment against him. On the contrary, the record indicates that the Respondent took measures to ensure that the Applicant did not suffer hardship following his separation from service by...

The Tribunal held that the Respondent had made more than a minimal showing that the decision not to select the Applicant for the position of D-1, Chief of Service, Humanitarian Affairs, was not tainted by improper consideations. The Applicant failed to show that he was denied a fair chance of promotion. Accordingly, the application was dismissed.

If all candidates are treated in the same manner, there is no discrimination. The candidates for the job opening were treated equally with regard to the notice given to scheduling of interviews and taking of the written assessment. This may not have been ideal and represents poor managerial practice, but without evidence in support of any ulterior motive or how the failure to give the five working days¡¯ notice prejudiced the Applicant, the Tribunal does not find that this failure amounted to discrimination per se (see Lennard UNDT/2014/044, at paras. 34 to 37). The definition of an ¡°assessment...

The Tribunal finds it noteworthy that in relation to functional delegation of authority, the person in whom authority is vested by virtue of his/her position/function has the power to delegate that authority. However, such delegation does not equate to the delegator definitively ridding himself/herself of the powers and authority that he or she delegates. Legally, a delegator continues to maintain the powers and authority that he or she has delegated, and such delegation is thus revocable at any time. Therefore, both parties¡¯ arguments that the USG/OIOS could or should have ¡°surrendered¡± her...

The Tribunal dismissed the application as not receivable. The Tribunal found that the Applicant was a staff member of UNRWA and contested a decision that was taken by that agency. UNRWA did not fall under the jurisdiction of the UNDT nor did the Applicant fulfil the requirements of arts. 2.1(a) and 3 of the Statute of the UNDT. He therefore had no locus standi to challenge a decision of UNRWA before the Tribunal.

Receivability; The application is receivable ratione personae. After accepting the offer of employment, the Applicant effectively started to perform the functions of Senior Economic Affairs; Officer, ECE, on 1 May 2017. The Organization thus treated him like a staff member, although he was not eligible to apply and be selected for the position and no letter of appointment was signed. As a result, the Applicant is legitimately entitled to rights similar to those afforded to staff members, for the purpose of being granted access to the internal justice system of the Â鶹APP.; Merits; The...

The reasons given by the Administration to cancel the selection process are rational, reasonable and supported by the record. The cancellation of the vacancy announcement was based on organizational and budgetary reasons. The staff member who had a lien on the post did return to her post. The Applicant presented no arguments of substance to call into question the lawfulness of the decision to cancel the selection process. The Applicant¡¯s candidacy was afforded full and fair consideration and it was within the reasonable discretion of the Organization to cancel the temporary position.