Â鶹APP

The Respondent submitted that the application was not receivable because, in regard to the initiation of an investigation against the Applicant, the Applicant¡¯s appeal was time-barred and did not concern a contestable administrative decision. Furthermore, the Applicant had been granted appropriate interim relief in relation to the alleged denial of her request to be granted an appropriate transfer or paid administrative leave. The Tribunal found that the Applicant¡¯s appeal against the decision to conduct an alleged ¡°secret and retaliatory¡± investigation was receivable, but dismissed the...

Regarding the first administrative decision, the Respondent submitted that this claim was time-barred because the Applicant had failed to request management evaluation of the contested decision in a timely manner even though the Management Evaluation Unit (¡°MEU¡±) had actually granted the Applicant leave to file the request after the time limit had already expired; a decision which the Under-Secretary-General of Management had subsequently affirmed in the management evaluation letter. As for the second administrative decision, the Respondent contended that the claim in relation to the relevant...

The new system consists of a modernization of the system in place and does not change the staff members pre-existing obligation to accurately reflect their working hours. The Applicant has not provided the Tribunal with any persuasive arguments that would result in it to consider that the implementation of the Flex Time System infringed on either his contract of employment or his terms of appointment. The implementation of a practice, which is used to address specific needs of a department, does not become discriminatory solely due to the fact that other departments within the Organization do...

Premature filing of an Application: The Tribunal held that there is no rule that requires the Tribunal to wait for the action or inaction of the MEU before assuming jurisdiction in a case. The Tribunal held that it would not be in the interest of justice to reject applications indiscriminately solely on the basis that they were filed prematurely without taking into consideration the particular and/or exceptional circumstances that may exist in each of case.

Administrative decision: The Tribunal held that while the Application appeared to be challenging a decision of the Secretary-General, the fundamental decision being contested was actually the ICSC decision to reclassify the Addis Ababa duty station. Noting that the ICSC is an independent entity, the Tribunal held that: (i) its decision cannot be imputed to the Secretary-General; (ii) it cannot extend its jurisdiction to include decisions made by the ICSC; and(iii) that the Secretary-General has not been vested with any discretionary authority with respect to the implementation of ICSC...

The Tribunal found no evidence that a Weapons Restriction was placed on the Applicant on 4 February 2013 or in October 2013. The question of weapons restriction did not arise until 18 July 2014 when, following the Applicant¡¯s refusal to attend a firearms training course, the Chief of Security gave him written notice. The Tribunal found the Application receivable but dismissed it on the merits. Receivability - The Tribunal gave the Applicant, who is unrepresented, the benefit of the doubt about the identification of the impugned decision in the interests of not depriving him of a full...

The Tribunal found that the applications were receivable since the contested decisions produced direct legal consequences adversely affecting the Applicants¡¯ terms and conditions of appointment. The Tribunal further found that the chosen period of retroactive application of one year was not only unlawful because it was based on a misconstruction and misapplication of staff rule 3.16 but it was manifestly unreasonable, irrational, and above all unjustifiably discriminatory. It did not amount to a proper exercise of administrative discretion and breached the fundamental principle of equal pay...

The Tribunal found that the acts described under (1), (4) and (5) did not meet the definition of a challengeable administrative decision, whereas the Applicant¡¯s contention with regard to (2) was moot since her appointment had been extended by the Organization and she was not separated after 31 December 2013. The Tribunal further rejected the Applicant¡¯s contention made under (3), as it considered that she did not fall under the categories of staff members for which the Assistant Secretary-General for Human Management has the authority of exceptional placement outside the normal selection...

The Tribunal rescinded the decision finding that, in accordance with the plain meaning of ST/AI/2007/3, service with the Â鶹APP Organization does not need to be continuous for a staff member to be eligible to receive ASHI. Staff Rule 4.17 is not applicable to the question of ASHI.