Â鶹APP

Duty to report receipt of overpayments - The Applicant failed in his duty to make the Organization aware of overpayments made to him, as provided for in section 2.4 of ST/AI/2009/1. The wordings of ST/AI/2009/1 create a duty for staff members not only to report the receipt of overpayments but also to take steps to ensure their recovery. In other words, it necessarily prohibits the unauthorised prevention of said recovery. Proportionality of disciplinary sanctions - Taking into account all the mitigating factors, the sanction of termination imposed by the Respondent was not proportionate to the...

The Tribunal found that the Applicant is entitled to compensation for the procedural irregularities occasioned him by the failure of the Administration to follow its own guidelines and its rules and procedures, namely: UNON management abused its authority in refusing to release the Applicant on mission assignment to UNAMID and in denying him the grant of a lien on his post. The failure by the Ethics Office in refusing to act on the basis of the report of retaliation filed by the Applicant and its failure to take all necessary action to protect the Applicant from retaliation.

Receivability -...

The Tribunal does not accept the Applicant¡¯s submission that the Respondent made a contestable administrative decision concerning her reassignment on 29 December 2012. The Tribunal finds that the Respondent did not make a new contestable administrative decision concerning her reassignment on 29 December 2012. It confirmed the original decision made in February 2012. As the Applicant did not seek management evaluation of the original decision within the required 60 days, her application is not receivable by the Tribunal. It is settled law that a decision is considered final when the...

The Applicant¡¯s challenge against the outcome of the MEU review was not receivable.

UNDT held that the Application was receivable on the ground that a decision not to select a candidate for a post is an administrative decision within the jurisdiction of the Tribunal. UNDT held that the Application was not res judicata. UNDT noted that the issue in the present case regarded a different administrative decision from the one deemed not receivable in a previous Judgment (Case No. UNDT/NBI/2013/014). UNDT held that the Applicant had knowledge of the decision not to appoint him to the Special Representative of the Secretary-General post on 22 May 2013 and that time for a request for...

The Tribunal concluded that the contested decision was unlawful in light of extraneous factors and the Respondent¡¯s failure to adhere to the rules on performance.

Performance appraisal: The Tribunal noted that even before the Applicant¡¯s individual performance work plan had been approved by his first reporting officer; his second reporting officer was making efforts to terminate his contract. The Tribunal held that it was unreasonable and inappropriate for the Applicant¡¯s performance to be measured against outputs and performance indicators that had neither been defined nor approved by his...

The Respondent submitted that the Application is not receivable ratione temporis since the Application was filed more than three years after the Applicant¡¯s receipt of the impugned administrative decision, however the Tribunal found the application to be receivable due to the exceptional circumstances of this case. Obligations under ST/AI/371: Under paragraph 24 of ST/AI/371/ it was the duty of the Applicant to file an appeal with the JDC within two months of the notification of the disciplinary measure meted out to him. Although the Applicant failed to submit a request for review of his...

Legitimate expectation ¨C The Country Office¡¯s Core Management Group meeting of 29 February 2012 decided that all international staff, including the Applicant, would be extended for one year and the Applicant knew of the decision. This Tribunal finds that the decision taken at a regular and proper Country Office Core Management Group meeting to extend the contract of a staff member, which decision is embodied in open recorded minutes and accessible to staff members, carries far greater weight than any ¡®express promise¡¯ that can be made to the said staff member about extending his contract. The...

In reviewing a decision not to renew an appointment, the role of the Dispute Tribunal is to determine whether the discretion not to renew was validly exercised. Where justification is given by the Respondent for the exercise of its discretion, that justification must be borne out by the facts. Both Parties have told the Tribunal that the Applicant took his grievances to the Retention Committee, which Committee then reviewed the Applicant¡¯s claim and found that the Retention Panel (which the Applicant chaired) had properly carried out the exercise it was charged with. The Tribunal is also...

Receivability: Noting that the Applicant submitted his Application 3 days before requesting management evaluation of the contested decision and that his request for management evaluation was submitted a month after the deadline for the statutory delay, the Tribunal concluded that the Application was not receivable.