UNDT/2014/137, Masylkanova
The UNDT found that the decision was in violation of an express written promise of renewal for three months by the head of her mission.
The UNDT found that the decision was in violation of an express written promise of renewal for three months by the head of her mission.
Moral Damages – The need for compensation must be demonstrated by evidence of damages or injuries. The grounds that support an award for moral damages include delay, frustration, distress and anxiety. Damages for moral injury may arise from a breach of the staff member’s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed or where there is evidence produced of harm, stress or anxiety caused to the staff member which can be directly linked or reasonably attributed to a breach of his or her...
The Tribunal dismissed the Application because the Applicant has not exhausted the reconsideration procedure set out in article 17(a) of Appendix D to the Staff Rules. Further, he did not request management evaluation of the negligence claim. Response to the Respondent’s Reply: In granting a request to submit a response to a Reply, the Tribunal weighs factors such as: (i) whether the Respondent raised issues or facts that were not addressed in the Applicant’s pleadings; (ii) whether the Applicant failed to adequately canvass all the issues raised in his/her pleadings; or (iii) whether allowing...
Receivability: The Tribunal considered whether it has the requisite jurisdiction to make a determination on an application for interpretation of an order as opposed to a final judgment. Noting that: (i) there is no provision in the UNDT Statute or Rules of Procedure governing interpretation of orders or expressly prohibiting interpretation of a decision that is labeled “Order”; and (ii) that regardless of whether decisions on applications for suspension of action are labeled as orders or judgments, they determine substantial issues, the Tribunal, pursuant to articles 19 and 36 of the Rules of...
The Applicant contests OSLA's decisions of 5 November 2013 not to represent him in two of the cases he had at the time pending at the Tribunal. The Tribunal found that the application was receivable. It rejected the application on the merits, on the grounds that the decisions constituted a legal exercise of discretion on the part of OSLA, which had provided the Applicant with extensive legal assistance, had carefully considered all the issues and gave valid reasons on why it would not represent the Applicant. The Tribunal further found that the Applicant failed to provide evidence that OSLA...
The UNDT noted despite reminders sent by the Staff Union, and once the Applicant realized that her application had not been processed, she still did not take any action to rectify the situation, and filed her application only nearly two years later. The UNDT found that the circumstances the Applicant described could not be considered “beyond her control”, and rejected her request for a waiver of the time limit to file her application as being unfounded; hence the application was rejected as being time-barred.
The Tribunal found that the Applicant’s submission did not contain any dates for the impugned acts, nor any succinct statement of facts and reasons to contest such acts. It therefore dismissed the case for lack of substance and abandonment of proceedings.
e was working as Project Manager on an extra-budgetary project, funded exclusively by one member state, and his FTA was limited to his post and department. The decision was based on the discontinuation of the project funding by the Donor. The initial decision had been notified to the Applicant on 13 November 2012, and he requested timely management evaluation thereof. However, upon misleading advice from the MEU, he subsequently submitted a new request for management evaluation against the second, confirmative decision not to extend his appointment beyond 31 May 2013. Thereafter, upon receipt...
The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the 麻豆APP and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal’s Statute. C
The application was dismissed in its entirety. The Tribunal also found that the Applicant has manifestly abused the proceedings before it. The Applicant was ordered to pay costs in the sum of USD 2,000 for abuse of process. On receivability: The Tribunal found that the PDF version of the application attached to the email of 15 September 2012, also copied to OHRM and EO/OCHA, met the requirements of art. 8 of the Rules of Procedure of the Dispute Tribunal. It was moreover identical to the application filed through the e-filing portal on 15 October 2012. The Respondent’s contention that the...