Â鶹APP

Concerning the corrective measures: To the extent that the fact-finding panel¡¯s investigation resulted in a finding of actions on the part of the Applicant that called for corrective measures in the form of training and counselling, the Respondent¡¯s actions were procedurally proper. The cautionary corrective measure of providing training and counselling for the Applicant was appropriately taken in accordance with ST/SGB/2008/5 in circumstances where, although there was no misconduct, the Applicant¡¯s manner of performing his duties caused a staff member to feel harassed. Concerning the decision...

The present matter can be determined on a priority basis without first transmitting a copy of the application to the Respondent for a reply as provided for in art. 8.4 of the Tribunal¡¯s Rules of Procedure. There is no nexus between the Applicant¡¯s former employment and the contested decision. Accordingly, the Applicant does not have standing and the application is not receivable ratione personae. Having filed the application pending the response of the management evaluation and prior to the expiry of the relevant response period, the Tribunal is not competent to hear the matter at issue. The...

As a result of the Applicant's request for management evaluation, the contested decision was rescinded. Therefore, said decision no longer produces legal effects and the application is moot.

Management evaluation not requested within the statutory deadline. Application not receivable ratione materiae.

Management evaluation of the decision concerning Applicant's share of contribution for medical insurance not filed within the statutory deadline. Consequently, this part of the application is not receivable ratione materiae. Application is receivable concerning the decision concerning the Applicant's share of contribution for the Â鶹APP Joint Staff Pension Fund (UNJSPF). Art. 25.b)i) of the UNJSPF Regulations clearly provides that contributions during SLWOP are paid either 1) in full by the staff member, 2) in full by the employing Organization or 3) partly by the staff member and...

ST/AI/400 explicitly applies to the abandonment of post and sets out the process to be followed under such circumstances. The Applicant's case is not one of abandonment of post but one of unauthorized absence under ST/AI/2005/3. The mere submission of a medical certificate in support of an absence does not suffice. Said certificate must be approved by the respective Medical Service. This has not been so in the Applicant's case, whose medical situation will be examined by a Medical Board pursuant to ST/AI/2019/1, and her placement on SLWOP is not a violation of her rights.

Regardless of the source of information published in public articles, the decision to issue a press release in response to publications falls, as a matter of principle, within the discretion of the Organization and is a managerial prerogative. Organizations subject to a high level of public scrutiny, which is the case of the UN, have a right to respond to public allegations and to defend their interests, their image, and, ultimately, their work within the boundaries set by their internal law. In the current case, the Tribunal needs to assess if the content of a press release impacted the...

UNDT noted that the Applicant did not assert any right acquired in terms of his previous contract of employment with the Organization. UNDT held that there was no nexus between the Applicant¡¯s former employment and the contested decision. UNDT held that the Applicant did not have standing and that the application was not receivable ratione personae. UNDT rejected the application in its entirety.

UNDT held that the application was not receivable ratione materiate, as the Applicant did not request management evaluation, as required. UNDT dismissed the application.

UNDT noted that the Applicant indicated in his application that he was informed of the contested decision on 1 October 2019 and that he did not request management evaluation of said decision, as required. UNDT accordingly held that the application was not receivable and dismissed it.