The application was dismissed. The Tribunal held that the Applicant’s actions were consistent with a concluded intent not to return to her duty station, no matter the lack of basis. Therefore, the Respondent’s decision to separate her on the ground of abandonment of post was lawful.
The fact that the Applicant had only a few months left to reach full retirement age and that if she had been allowed to reach mandatory retirement age her terminal benefits would have been better than what she received on termination, or the fact that the Field Staff Union intervened to have her granted a brief extension, or that she was afforded less days’ official notice before termination do not constitute valid grounds for alleging that the abolition of her post was irregular. These were not relevant matters that the Administration was obliged to consider. The Respondent conceded that one...
The issue raised in the application was not submitted for management evaluation. The application is not receivable. Related
The Tribunal rejects the application as not receivable. The contested decision to place a note on the Applicant’s Official Status File is not an appealable administrative decision as it has no direct legal consequences affecting the terms and conditions of his appointment. The Applicant should have requested a management evaluation within 60 days from the notification of the contested decisions on 5 August 2017, but instead he requested a management evaluation on 3 November 2017, more than 60 days later. Therefore, the application is not receivable as time-barred. The contested decision not to...
The Tribunal concluded that the Applicant had not established that there was any bias or impropriety which had any impact on the decision not to renew his appointment. The Tribunal further held that the Applicant had not provided any information which would assist in production of relevant information and the Tribunal did not have the jurisdiction to embark upon a full investigation of the matter and could only rely on what had been made available pursuant to its case management powers. Accordingly, the application was rejected.
The Applicant cannot claim that the Administration had initiated a disciplinary process against her. The Applicant had no right to force the Administration to complete a disciplinary process against her. The Administration decided to suspend the consideration of initiating a disciplinary process in relation to the Applicant should she be employed with the Organization in the future. Therefore, as in Kennes, the Applicant’s due process rights have not been violated. The note placed in the Applicant's Official Status File is merely informative in nature and does therefore have no impact on the...
The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...
The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...
The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...
In relation to the Applicant’s first claim, the Tribunal held that pursuant to staff rule 6.2 the entitlement to sick leave does not follow a cycle calculated since the date of appointment as argued by the Applicant, but, rather, is calculated pursuant to its own cycle determined by the date of the sick leave. The Tribunal thus concluded that the method used by the administration to calculate the Applicant's sick leave days was consistent with staff rule 6.2, while the method advocated by the Applicant was not. Accordingly, the application failed on the score of sick leave. On the Applicant’s...
