Â鶹APP

The Applicant¡¯s rights were respected in compliance with ST/AI/371. The Applicant failed to establish any irregularities in the procedure followed to impose the disciplinary measure on him. It was clear from the investigation that there were several irregularities in the supporting documents submitted by the Applicant. These irregularities were sufficiently disturbing to strongly suggest that the said invoices were falsified. The facts on the basis of which the Applicant was sanctioned were established. The Applicant¡¯s actions constituted professional misconduct within the meaning of the...

The UNDT examined its competence over the matter and found that it does not have jurisdiction over claims concerning individual contractors/consultants/national experts. As a result, the UNDT rejected the application by summary judgment without consideration of its merits.

The Tribunal found that the Applicant was not entitled to any compensation for loss of earning and benefits because the case corned the Ethics Office¡¯s decision that the Applicant had not been retaliated against and not the circumstances regarding his separation from UNDP. As for non-pecuniary damages, the Tribunal found that it was difficult to envisage a worse case of insensitive, high-handed and arbitrary treatment in breach of the fundamental principles of the Universal Declaration of Human Rights, including Articles. 1, 3, 6, 7, 8 and 9. Furthermore, the Tribunal found that the failures...

The application was withdrawn by the Applicant. The Applicant's request for redaction was granted in part and his name to be redacted from the judgment.

Management evaluation: The Tribunal noted that the contested decision was notified to the Applicant on 30 June 2008 and yet he waited until 20 January 2014, more than five years after the fact, to submit a request for management evaluation. The Tribunal concluded that where an applicant fails to request management evaluation in a timely manner, the Dispute Tribunal has no jurisdiction to consider his/her application. Lastly, the Tribunal noted that even if it was minded to consider the Application, the provisions of article 8.4 of the UNDT Statute clearly place a bar on any such action. Costs...

Legitimate expectation ¨C The Country Office¡¯s Core Management Group meeting of 29 February 2012 decided that all international staff, including the Applicant, would be extended for one year and the Applicant knew of the decision. This Tribunal finds that the decision taken at a regular and proper Country Office Core Management Group meeting to extend the contract of a staff member, which decision is embodied in open recorded minutes and accessible to staff members, carries far greater weight than any ¡®express promise¡¯ that can be made to the said staff member about extending his contract. The...

Request for management evaluation: The Tribunal noted that there was no indication that the Applicant had submitted a request to any entity or individual, including the Secretary-General, mandated to receive management evaluation requests as he did not provide any address, physical or electronic, of these entities or individuals. Nor did the Applicant provide any acknowledgment of receipt of any request for management evaluation by the Administration. The Tribunal subsequently held that the Applicant failed to provide evidence that he had indeed submitted a request for management evaluation of...

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. UNDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Receivability - The Application was found to be receivable. The final decision taken on the placement of the reprimand in the Applicant¡¯s personnel file was on 25 February 2014 when her attempts to have her comments taken into consideration were finally exhausted. The course of action embarked on by the Applicant to have the matter resolved informally before resorting to the formal process was justifiable in the circumstances given the requirements of ST/AI/292.

The UNDT further found that the Applicant also failed to submit her application to the UNDT within the prescribed time period. The UNDT found that UNDP provided incorrect information to the Applicant regard the ¡°suspension¡± of its response to her management evaluation request, which may have contributed to the Applicant¡¯s late filing of her application with the UNDT. Nevertheless, the UNDT found that ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice. The...