Â鶹APP

While the Respondent submits that the recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages, the Tribunal does not consider this list to be exhaustive. The Tribunal cannot conclude that if proper procedures had been followed, the Applicant would have been selected for the subject post. Nonetheless, it considers that the Applicant¡¯s prospect for selection was very high due to the fact that he was the only candidate deemed suitable for the post by the Advisory Selection Panel. Thus, the contested decision impacts substantially on the Applicant¡¯s...

The Tribunal rescinds the decision to terminate the Applicant¡¯s employment and Orders: (i) the Respondent to reinstate the Applicant to a position whose duties she is able to carry out given the impairment she suffers; (ii) Orders the Respondent to make good the Applicant¡¯s lost earnings from the date of termination of her fixed-term appointment to the date of her reinstatement with interest at 8% per month for the said period; (iii) Orders that the Applicant be paid her entitlement to for the period from 28 March 2007 to 31 July 2007 during which period she was entitled to special sick leave...

The decision to remove the Applicant from the position of Rule of Law Project Manager: The UN Charter expects all staff members to conduct themselves in accordance with the highest standards of efficiency, competence and integrity. Further, there is implied into every contract of employment a term of mutual trust and confidence between employer and employee, which means that both parties must act responsibly and in good faith. Where the employer acts unilaterally in removing an important part of the employee¡¯s functions, the employer would have repudiated the contract of employment. The...

The Tribunal found that the performance appraisal followed by the rebuttal process had been done in respect of the rules and procedures applicable to UNDP. Based on the documentary evidence, it was the view of the Tribunal that, as a matter of fact, the Management went out of his way to afford the Applicant with as much latitude as possible to comment and challenge the rating of ¡°partially met expectations¡±. With regards to the Applicant¡¯s allegations of harassment, retaliation and discrimination, the Tribunal found that both the UNDP Ethics Office and the UN Central Ethics Office followed the...

Article 10(5) of the Statute of the UNDT is silent as to how compensation to be awarded to a party is to be calculated. The Respondent submits that in such circumstances where there is a lacuna in the internal law of the organization, general principles of law provide a source of internal administrative law and should be applied. The Tribunal agrees with this reasoning and further notes that how this Article will be applied will depend on the particular circumstances of each case. The recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages. An...

The Applicant¡¯s fixed term-appointment came to an end as a result of her service-incurred injury. The Applicant¡¯s fixed-term appointment was in fact terminated and it is disingenuous for the Respondent to argue that ¡°it was allowed to run until the end of the term and was not renewed on medical grounds.¡± The administrative decision not to renew the Applicant¡¯s fixed-term appointment due to the Applicant¡¯s inability to resume her professional activities with ICTR in Arusha was informed by improper motive. The applicable procedural rules that should have been followed by the Respondent in this...

The decision by the Chief of the Human Resources Services Section (HRSS) to discontinue the selection process without a proper determination that the recruitment procedures had not been followed precisely was an abuse of the Administration¡¯s discretionary authority. While the Applicant had only been ¡°recommended¡± for the post by the ASP and had not been ¡°selected¡±, the serious procedural irregularity that resulted from the Chief of HRSS¡¯ actions prevented his candidacy from proceeding to the central review body and therefore amounted to a violation of his rights. The decision was an abuse of...

In its findings, the Tribunal found that the evidence in support of the charges was credible and that the Applicant failed to prove that the decision to summarily dismiss him was arbitrary or motivated by prejudice or other extraneous factors, or was flawed by procedural irregularities or error of law. With regards to the Applicant¡¯s allegations of breach of due process, the Tribunal could not find any evidence that the rights of the Applicant had been violated. The Tribunal was also satisfied that the Respondent discharged his burden of proof and that he made proper use of his discretion.

Articles 2(1) and 2(1) (a) of the Statute of the UNDT define a contract of employment to include ¡°all pertinent regulations and rules and all relevant administrative issuances in force at the time of the alleged non-compliance. There is nothing before the Tribunal to evidence that the Applicant signed any LOA in relation to the offer made by the organization to employ him on the terms defined in the reassignment memorandum dated 10 June 2008. The reassignment memorandum contained terms that were not certain, that were qualified and cannot therefore besaid to have been a final and binding...

Assignment grant: Rule 107.20 clearly envisages a situation in which a newly recruited staff member from an area ¡°within commuting distance of the duty station¡± would be entitled to an assignment grant where he had been ¡°settled¡± in the duty station perhaps by a former employer who due to the new recruitment would no longer take responsibility for such things as his accommodation. He would be given the assignment grant to ¡°resettle¡± himself, as it were. By the same token, a newly recruited staff member who had previously worked for the Organisation for a period of time as a consultant and most...