Â鶹APP

The UNDT found that the UNON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at UNON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

The Tribunal is only competent to hear complaints filed by staff members, former staff members or persons makingclaims in the name of an incapacitated or deceased staff member under article 3 of the Statute. Noting that the Applicant had been working with UNON as an independent contractor, the Tribunal held that he was not a staff member of UNON and as such, he has no standing to come before the Tribunal.

If the Applicant was labouring under the belief that pursuant to the Agreement, the Respondent was giving her a guarantee of a new post or that she would be laterally transitioned, that belief was misplaced. Nothing in the Agreement or any evidence before the Tribunal suggests that the Respondent was in a position to simply ¡°give¡± the Applicant another position within UNEP. Positions in the Organizations are not filled or presumed to be filled according to the will of managers but are subject to the Staff Rules and Regulations. The Applicant was not justified in harbouring a legitimate...

Receivability - ST/SGB/2008/5 provides comprehensive procedures, both informal and formal, to a person who alleges that he or she is a victim of prohibited conduct. Although the Applicant complained that the impugned decisions amounted to an abuse of authority, he did not invoke the procedures set up to address such allegations. Accordingly there is no decision made pursuant to the ST/SGB for the Tribunal to review.

The Tribunal found no evidence that a Weapons Restriction was placed on the Applicant on 4 February 2013 or in October 2013. The question of weapons restriction did not arise until 18 July 2014 when, following the Applicant¡¯s refusal to attend a firearms training course, the Chief of Security gave him written notice. The Tribunal found the Application receivable but dismissed it on the merits. Receivability - The Tribunal gave the Applicant, who is unrepresented, the benefit of the doubt about the identification of the impugned decision in the interests of not depriving him of a full...

ReceivabilityThe placement of a staff member on administrative leave is within the discretion of the Secretary-General. It is an administrative decision for the purposes of art. 8.1 (c) of the Statute and within the well settled meaning of an administrative action as laid down in Andronov. The Tribunal cannot assume jurisdiction to determine the validity of an administrative decision unless it has been first referred to the Management Evaluation Unit pursuant to art.11.2 of the Staff Rules. In the absence of management evaluation of the decision to place the Applicant on administrative leave...

Moral Damages ¨C The need for compensation must be demonstrated by evidence of damages or injuries. The grounds that support an award for moral damages include delay, frustration, distress and anxiety. Damages for moral injury may arise from a breach of the staff member¡¯s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed or where there is evidence produced of harm, stress or anxiety caused to the staff member which can be directly linked or reasonably attributed to a breach of his or her...

The Tribunal dismissed the Application because the Applicant has not exhausted the reconsideration procedure set out in article 17(a) of Appendix D to the Staff Rules. Further, he did not request management evaluation of the negligence claim. Response to the Respondent¡¯s Reply: In granting a request to submit a response to a Reply, the Tribunal weighs factors such as: (i) whether the Respondent raised issues or facts that were not addressed in the Applicant¡¯s pleadings; (ii) whether the Applicant failed to adequately canvass all the issues raised in his/her pleadings; or (iii) whether allowing...

There are two aspects to the evidential burden resting on a staff member who claims dependency benefits for his/her child or children where he/she is not the custodial parent. The first aspect relates to the nature of the evidence required and the second aspect concerns the degree of proof required. As for the nature of the evidence required, a staff member will have discharged the evidential burden once he/she has presented documentation pertaining to the existence of the child or children, a divorce decree and proof of custody, proof of payment and the amounts paid and the means of payment...