Â鶹APP

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...

The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...

The application was withdrawn by the Applicant.

The charge relating to the unauthorized use of the UNON ID card to gain access to the UN premises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse UN privileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the UN Commissary. Based on the evidence, the Tribunal found that on the balance of...

On the basis that there had been no filing since the granting of the suspension of action, UNDT found there was no longer any matter for adjudication and the case was closed.

UNDT reiterated that, as it had held in Adorna UNDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. UNDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

The various letters of appointment that the applicant had received in the past contained a provision of non-expectancy of renewal. The applicant¡¯s main contention was that the non-renewal of his fixed-term appointment was an act of retaliation because he reported some allegations of financial fraud. The respondent¡¯s primary submission is that the non-renewal of the applicant¡¯s fixed-term appointment was based on unsatisfactory performance as evidenced in some PAS reports, which had later been upheld by a rebuttal panel. UNDT found that the decision not to renew his fixed-term appointment was...

Harassment allegations: People are entitled to their opinions, even unflattering or wrong-headed, about colleagues. It is only when those opinions are conveyed in ways that constitute harassment or abuse that they become problematical in a legal sense. A genuine opinion about a colleague¡¯s competence that happens to be adverse is not susceptible of criticism. While not placing the delays of the applicant in making complaints about the matters to which he has referred on the scales against him, those delays have made it much more difficult for him to prove they occurred quite as he alleges...

The Head of Office acted within his authority in effectively overriding the recommendation of the APC, as provided for by Annex 4G, para. 28(a)(iii). The relationship between the SAP and the APC is sequential, not hierarchical; the judgment of one is not superior to the judgment of the other. The Head of Office is not bound to accept the recommendation of one over the other. The Head of Office is bound to exercise his independent judgment after giving careful consideration to the recommendations made to him and explaining why he preferred one candidate to another. The Head of Office did not...

The applicant was ordered to show cause why this matter should not be dismissed for want of prosecution by a prescribed time, and failed to do so. There being a failure of prosecution, the matter must be dismissed, as the applicant shows not interest in maintaining proceedings.Outcome: The application was dismissed in its entirety for want of prosecution.