麻豆APP

UNDT RoP

  • Article 10
  • Article 10.1
  • Article 10.5(b)
  • Article 11
  • Article 11.2
  • Article 11.2(a)
  • Article 11.2(c)
  • Article 12
  • Article 12.1
  • Article 13
  • Article 13.1
  • Article 13.2
  • Article 13.3
  • Article 13.4
  • Article 14
  • Article 14.1
  • Article 14.4
  • Article 15
  • Article 15.1
  • Article 15.13
  • Article 15.2
  • Article 15.3
  • Article 15.4
  • Article 15.5
  • Article 15.6
  • Article 15.7
  • Article 16
  • Article 16.1
  • Article 16.2
  • Article 16.3
  • Article 16.6
  • Article 17
  • Article 17.1
  • Article 17.2
  • Article 17.3
  • Article 17.5
  • Article 17.6
  • Article 17.6
  • Article 18
  • Article 18.1
  • Article 18.2
  • Article 18.3
  • Article 18.4
  • Article 18.5
  • Article 19
  • Article 19.1
  • Article 2
  • Article 2.1(a)
  • Article 20
  • Article 21
  • Article 22
  • Article 24
  • Article 24.1
  • Article 24.2
  • Article 24.3
  • Article 25
  • Article 26
  • Article 26.2
  • Article 27
  • Article 27.1
  • Article 27.2
  • Article 27.2(c)
  • Article 28
  • Article 28.2
  • Article 29
  • Article 29.1
  • Article 29.2
  • Article 30
  • Article 31
  • Article 31.1
  • Article 32
  • Article 32.2
  • Article 34
  • Article 34(a)
  • Article 34(b)
  • Article 35
  • Article 36
  • Article 36.1
  • Article 4.7
  • Article 5.2
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
  • Article 7.1(b)
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 7.6
  • Article 7(a)
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(c)
  • Article 8.2(e)
  • Article 8.2(g)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 8(d)(i)
  • Article 9
    • Showing 251 - 260 of 666
    UNDT/2009/017, Kasmani

    The contested decision was prima facie unlawful for the following reasons: i) there was a promise of renewal by the officer-in-charge that created a legitimate expectation of renewal, which placed on the Respondent a duty to consider whether it was not in the interest of the organisation that the expectation of the renewal of the employment should be fulfilled; and ii) the decision not to renew the contract of the Applicant appeared to be in breach of the Organization’s Rules and amounted to an abuse of discretion. On the question of urgency, the Applicant had been informed that his contract...

    UNDT/2009/016, Tadonki

    The decision not to renew the Applicant’s contract was prima facie unlawful because it appeared to be in breach of the Organization’s Rules and in breach of international legal norms relating to due process. On the question of urgency, the Applicant had been informed that his contract would be terminated on 3 September 2009. Notwithstanding that it had allegedly been agreed that the contract would be extended after 3 September 2009, the matter was still urgent because this was not the first time that this particular strategy had been used by the Respondent towards the Applicant. Having...

    UNDT/2009/032, Koumoin

    The Applicant filed a motion for interim measures requesting that the Tribunal order the Ethics Office to deliver recommendations on his case with respect to whistle-blowing retaliation; and to find a prima-facie violation of the Applicant’s due-process rights concerning the non-renewal of his fixed-term contract with UNDP. The Tribunal rejected the motion to order the Ethics Office to deliver its recommendations and decided that the alleged violation of the Applicant’s due process rights concerning the non-renewal of his fixed-term contract would be addressed during the review of the...

    UNDT/2009/015, Abboud

    The “reason to believe” must be more than mere speculation or suspicion: it must be reasonable and hence based on facts sufficiently well founded – though of course, not necessarily proved – to rationally incline the mind of the decision maker to the belief. It is clear that the question is one of fact and degree in which the decision maker is bound to act reasonably but which necessarily involves the exercise of judgment. It is inaccurate to refer to such a judgment as the exercise of a discretion. If the USG in this case had in fact decided that there was “reason to believe” that the...

    UNDT/2009/014, Parker

    UNDT found that in as much as the Applicant’s situation regarding promotion was re-examined by the Administration, not at the Applicant’s request but on the Administration’s initiative, the Applicant could not seriously assert that he was unable to inform the Appointment, Posting and Promotions Board (APPB) of the mistakes contained in his file. However, UNDT found that the Applicant had the right to contest before the Tribunal the decision notified to him on the grounds that the APPB would have founded its non-recommendation for promotion on incorrect facts. Regarding the Applicant’s...

    UNDT/2009/013, Parker

    UNDT rejected the UNHCR’s allegation that the rescission request to the Joint Appeals Board (JAB) was inadmissible as time-barred. In light of ST/AI/2005/12, UNDT found that the Director of UNHCR Medical Service had the authority to convoke the Applicant at any moment to undergo a medical examination to verify whether his state of health permitted him to discharge the functions he was assigned to. UNDT noted that the Applicant fell ill and was placed on sick leave for an indefinite period by his personal doctor following an incident with his supervisor which occurred on 8 October 2007. UNDT...

    UNDT/2009/097, Lewis

    Prima facie unlawfulness: There is positive evidence from the applicant as to what her supervisor stated and some evidence suggesting ill will on the part of her supervisor. The low test of reasonable arguability is satisfied and accordingly, the prerequisite of prima facie unlawfulness is present. Urgency: The applicant provided reasonable explanations for the delay in contesting the decision and the contract was to expire the day of the hearing; therefore, the urgency requirement is satisfied. Irreparable damage: Mere economic loss can never be irreparable since, if the applicant succeeds in...

    UNDT/2009/096, Utkina

    Receivability of the decision not to renew the appointment: In this case, the triggering point should have been the moment when the staff member was made aware by the Administration that there was no reasonable chance or possibility of renewal. Thus, it is the date when the applicant was notified of the termination of her contract; therefore, the application is receivable. Articles 13 and 14 of the Rules of Procedure: Since there is an ongoing management evaluation of the decision not to renew the applicant’s appointment, the applicable interim measure to be ordered would be that under article...

    UNDT/2009/092, Calvani

    The Tribunal’s decision to grant a suspension of action on such a decision would not have the effect of rescinding or reversing the contested decision as claimed by the Respondent, but only that of suspending temporarily, from the date of the Tribunal’s decision and until such date as provided for in the UNDT statute, the legal consequences of the contested decision. The Applicant claims that the decision was not taken by the Secretary-General despite the Respondent’s claims to the contrary. The Respondent refused to comply with the Tribunal’s orders to submit a signed confirmation from the...