Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with General Assembly resolution 63/253 which intentionally limited the Tribunal’s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member. The applicant’s references to provisions of the Charter of the 麻豆APP are without merit in this respect.
It is not the function of the Tribunal to review the prior JAB report, but to consider whether the respondent acted properly and with due regard to the applicant’s due process rights in deciding to appoint the applicant at the G-3 level. It is incumbent upon any party making serious allegations to produce supporting evidence. It was for the applicant, as a freely contracting person, to decide whether or not to accept the appointment and she did so on the basis of the clear oral and written conditions governing her appointment.Outcome: Application dismissed in its entirety.
The application was withdrawn by the Applicant.
Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with the General Assembly’s resolution 63/253 which intentionally limited the Tribunal’s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member.
In general, there is no right to renewal of appointment for staff members serving on a temporary appointment. In the case at hand, no improper motives neither countervailing circumstances existed which may have tainted the contested decision with illegality. The reasons for that decision - no budgeted or approved posts of Language Assistant, Interpreter or Translator at his level in UNAMI, abolislnnent of the post - are acceptable. Although the Organization was not obliged to find alternative employment for the applicant as a staff member holding a temporary appointment, a bona fide effort was...
The Tribunal does not sit as an expert review body on the classification of posts. The Tribunal has the power and a duty to consider whether the Committee acted unfairly or in anyway improperly or whether there was any failure, omission or deliberate failure by the ASG to give effect to the substance of the report and recommendations of the Committee. If there is no evidence of this, the Tribunal will not overturn a decision of the Committee. Where the applicant raises general complaints of unfairness and denial of due process, it is incumbent upon the applicant to provide sufficient detail...
UNDT found that the requirement of progressively responsible experience in the vacancy announcement was in line with the generic job profile and was not prejudicial to the applicant. The applicant’s arguments were in any case without merit as all the candidates interviewed by the selection panel had at least ten years of experience. UNDT found that, although the Organisation failed to properly carry out and document its consideration for the designation of the successful candidate to perform significant functions in financial management, this did not result in a violation of the applicant’s...
Whenever the administration decides a non-renewal of appointment on the grounds of poor performance, the Tribunal has to verify if the administration has complied with the relevant procedure. The application of ST/AI/2002/3 is not binding regarding staff members appointed for a period of less than one year. Having said that, once a supervisor decides to apply it, the said administrative must be fully complied with.According to ST/AI/2002/3, when the holder of a fixed-term appointment receives the lowest performance rating, the administration has the right not to renew his/her contract. When...
Having received no application by the deadline imposed, the undersigned Judge finds that this case is hereby closed.
The only issue for consideration by the Tribunal is the adequacy of compensation granted by the Secretary-General to the applicant. The applicant alleged that if the selection process had been lawful, he would have been selected to the post and that the compensation granted did not take into account the decrease in his pension benefits. In order to obtain compensation, it is not enough for an applicant to determine that a procedural irregularity was committed; he should also establish that this irregularity caused him a direct prejudice. Therefore, the applicant should demonstrate that he had...
