Â鶹APP

In this judgment, on one hand, the Tribunal ruled in favour of the Organization and on the other, in favour of the Applicant. For the Organization - the Tribunal found that non-renewal of the Applicant¡¯s appointment was properly based on efforts by the Organization to streamline its practices in line with the funding situation it faced. For the Applicant - the Tribunal held that the Respondent¡¯s repeated renewal of the Applicant¡¯s appointment and penultimate renewal without a break-in-service with the same conditions of service gave the Applicant a legitimate expectation of renewal.

The Applicant had argued that the written reprimand was a veiled disciplinary measure and as such there was no need to request a management evaluation. The Tribunal does not agree as it is for the Tribunal to make a determination as to whether the sanction was a veiled disciplinary measure or not. In view of the preceding, the Tribunal finds and holds that the Applicant¡¯s claims contesting the managerial action of a written reprimand are not receivable as they were never submitted to a management evaluation as required under art. 8(1)(c) of the Statute of the Tribunal. As stipulated at para. 5...

The Organization¡¯s jurisdictional competence does not extend to the physical assault of a non-UN staff member by a staff member. It was within the province of the Respondent or his agents in this case to investigate the events leading up to the physical assault of Ms. Oduke. Having established that Ms. Oduke had been physically assaulted, the appropriate action for the Administration after that would have been for Ms. Oduke, as a non-staff member, to be advised or even assisted to file charges againstthe Applicant for assault in the appropriate local court. The conclusions of the local court...

All the unresolved questions, the established facts and the Applicant¡¯s failure to bring evidence in order to convince the Tribunal of the alleged extortion scheme against him support an inference that the Applicant had likely engaged in a sexual relationship with V01, a minor. Given all the surrounding circumstances of the charge, investigations and his own actions and explanations, the Applicant has not sufficiently discharged the burden upon him. The wording in paragraphs 3.2 (a) and (b) of ST/SGB/2003/13 is clear. Sexual exploitation and sexual abuse constitute acts of serious misconduct...

The Tribunal finds that the cancellation of the second selection exercise and its subsequent recommencement were, in the circumstances, appropriate and lawful in view of the strong representations by the Staff Council and the complaints raised regarding the selection exercise. However, there were excessive and unjustifiable delays in concluding the selection process. The Organization also consistently and without just cause failed to respond to the Applicant¡¯s reasonable requests for information and action. The delays in question as well as the failure to respond to the Applicant¡¯s enquiries...

The Tribunal found that the application was filed within the applicable time limits. The Tribunal found that in respect to decision 3, the Applicant requested management evaluation outside the prescribed time limit and therefore the Application with regard to decision 3 was not receivable. Mediation and Time-Limits: If a party to a dispute makes mediation overtures within the applicable time lines for filing an Application and the other party consents to participation in the mediation process then the time limit for filing an Application is suspended and begins to run when the mediation has...

The UNDT found that there was a breach of the post selection process but that the Applicant did not suffer any damages as he did not meet one of the core competencies for the post. The Applicant has not put forward any evidence that the vitiated selection process with regard to the Post resulted in him suffering damages of any kind. Consequently, the application is granted with regard to the breach of ST/AI/2006/3 however no award of compensation is warranted.

Premature filing of an Application: The Tribunal held that there is no rule that requires the Tribunal to wait for the action or inaction of the MEU before assuming jurisdiction in a case. The Tribunal held that it would not be in the interest of justice to reject applications indiscriminately solely on the basis that they were filed prematurely without taking into consideration the particular and/or exceptional circumstances that may exist in each of case.

Administrative decision: The Tribunal held that while the Application appeared to be challenging a decision of the Secretary-General, the fundamental decision being contested was actually the ICSC decision to reclassify the Addis Ababa duty station. Noting that the ICSC is an independent entity, the Tribunal held that: (i) its decision cannot be imputed to the Secretary-General; (ii) it cannot extend its jurisdiction to include decisions made by the ICSC; and(iii) that the Secretary-General has not been vested with any discretionary authority with respect to the implementation of ICSC...

While the delay in the investigation process in this case constituted a breach of the requirements of promptness in ST/SGB/2005/8, the investigation of the Applicant¡¯s complaint of prohibited conduct was ongoing as opposed to making no progress at all. The Respondent¡¯s submission provided the Applicant with a full explanation of the reasons for the delays, which UNDT held was a sufficient remedy in all the circumstances. Moral Damages - Not every breach will give rise to an award of moral damages as a result of a breach of the procedural due process entitlements and that other entitlement to...