Â鶹APP

UNDT held that the decision not to select the Applicant was appropriately reviewed by the JAB panel and therefore proper. UNDT held that the requirement of relevant experience was appropriate and necessary for this particular vacancy and that the selection process was conducted in a proper manner. UNDT held that the JAB panel addressed the appropriate legal principles and that, in applying those princples to the facts of the case, it asked the correct questions and considered the appropriate authorities. UNDT held that the Applicant failed to satisfy it that there was any material irregularity...

There may be cases that take longer to be heard by the UNDT and that this may provide a reason justifying compensation beyond the two-year limit. This was such a case. Compensation in lieu of rescission was set at two years and 2 months¡¯ net-base salary. The Applicant¡¯s claim for compensation was excessive. It equated to over 13 years of net-base salary plus payment of a number of entitlements. Apart from being well outside the scope of compensation that might properly be ordered by the Tribunal, the Applicant¡¯s claim was predicated on the mistaken belief that but for the unlawful dismissal he...

A judgment in which it is decided that the summary dismissal of the Applicant was wrongful calls for a rescission of the said sanction. The Applicant had a reasonable expectation that he would remain in service beyond the date of his wrongful summary dismissal. The Tribunal refuses the request that the Applicant ought to be compensated on a P5 scale and agrees with the Respondent¡¯s argument that such an award would be merely speculative. A summary dismissal is the most severe sanction that the Respondent may impose on a staff member for serious misconduct. Judicial notice is taken of the fact...

The Tribunal finds that the circumstances appertaining at the time of recruitment of the Applicant created a legal expectancy of renewal. The decision not to renew the Applicant¡¯s contract was arrived at in breach of her rights to due process. The Applicant is entitled to compensation for losses incurred as a direct consequence of the non-renewal of the contract subject to the duty to mitigate.

Prima facie unlawfulness: The Tribunal found in Villamoran UNDT/2011/126, that the mandatory 31-day break in service for staff between their fixed-term and temporary appointments, if not supported by law, is prima facie unlawful. The Respondent was ordered to provide evidence to support the decision but failed to do so. The evidence submitted neglected to show the publication date or the precise method of publication of the revised administrative instruction. The Administration has an obligation to properly announce amendments to Staff rules and regulations for decisions to be proper and made...

The current Application for suspension of action must be adjudicated against the stipulated cumulative test, in that the Applicant must establish that the impugned decision is prima facie unlawful, calls for urgent adjudication and that implementation of the impugned decision would cause him irreparable harm. The Tribunal finds no impropriety in the Respondent¡¯s application of the staff retention criteria in respect of the Applicant. This Application therefore fails on the limb of prima facie unlawfulness therefore. Having found that the impugned decision is not unlawful, and given that the...

At this stage, the Applicant¡¯s allegations are assertions that are not adequately supported by evidence. Outcome: Dismissal of the application.

Placing the Applicant on SLWFP. The Tribunal agrees with and adopts the Kamunyi reasoning that former staff rule 105.2 did not permit placing a staff member on SLWFP where an investigation was being made into possible wrong-doing by that staff member. The formal nature of the OIOS/PTF investigation. A preliminary investigation under ST/AI/371, sec. 2, is differentiated from a formal investigation under ST/AI/371, sec. 6, as occupying different places within the overall structure of ST/AI/371. For an investigation to be regarded as merely preliminary in nature, some ¡°reason to believe¡± must...

Performance evaluation: The Respondent followed the UNFPA Personnel Policy guidelines for the rebuttal process by having a review of the Applicant¡¯s appraisal by the Management Review Group (MRG) which conducted at least two reviews. However, since the second review was completed with insufficient time for the Applicant to submit a written statement of agreement to the Head of Office, wait for a response and then submit a written rebuttal, if necessary, the Respondent breached UNFPA policy requirements and the right to due process. The Applicant had a mandated right as a dissatisfied staff...

Compensation for stress and anxiety The Applicant produced medical evidence of stress and anxiety. The Tribunal finds that this aspect of the claim is made out. Also, the actions of Mr. Stephen Lieberman, Chief Administrative Officer, described in the Tribunal¡¯s Judgment on liability, were high-handed and grossly disproportionate and the attempt at misleading both the JAB and JDC panels, as well as Counsel for the Respondent and the Tribunal in the present proceedings, constitute aggravating factors which the Tribunal finds heightened the distress experienced by the Applicant. In arriving at a...