UNDT/2019/143, Mbali
The application was not receivable because of the Applicant’s failure to request management evaluation in good time.
The application was not receivable because of the Applicant’s failure to request management evaluation in good time.
Since the Applicant has not sought management evaluation of the alleged instruction for him to work for Warrior Security Limited Company or his allegations of harassment and retaliation in relation to the performance improvement plan, those claims are not properly before the Tribunal. Consequently, the decision to appoint another staff member at the same level as the Applicant’s supervisor and FRO is the only decision that the Tribunal can entertain. Clearly, the Tribunal cannot reinstate an application that was withdrawn by the Applicant in 2015 and has no bearing whatsoever on the decision...
it is undisputed that the Administration did not afford the Applicant written notice so he learnt about the non-renewal only upon the expiration of his fixed-term appointment. This practice, however, does not disable the right to seek review of the non-renewal decision by the UNDT. The Tribunal considers that the objective factual element as to the non-renewal of the Applicant’s appointment consists in the memorandum instructing the Applicant to commence his separation procedure, dated 4 January and delivered to the Applicant on 11 January 2016. Recalling that the Applicant sought information...
The impugned decision did not fall under any of the exceptions; the Applicant, therefore, was required to submit a request for management evaluation. He did not do so. Thus, the application was not receivable.
Regarding the merits, the abolishment of a number of posts was decided by the; General Assembly. This decision is outside the Tribunal’s jurisdiction. The SecretaryGeneral’s role was to implement it through identifying particular posts for reduction. In the process, the Applicant’s post was so selected, which entailed the decision on termination of his appointment. The Tribunal’s cognizance extends over reviewing the appropriateness of the steps which led to this decision, however, in so far only as they are attributed to the Secretary-General. Prima facie, the Tribunal finds no reason to...
The decision communicated to the Applicant on 29 March 2019 presents essentially the relief sought by the Applicant in his application dated 4 March 2019 and while the Applicant is still insisting on clarification from the Regional Service Centre in Entebbe (RSCE) as to the basis for the impugned decision, this neither minimizes nor negates the fact that the administration acceded to his request and rescinded the impugned decision altogether. The Applicant has not tendered any particulars or evidence to support, prove and/or explain his allegations of harassment, abuse of authority and mental...
The Applicant consistently, throughout the proceedings, admitted the fact that sometime between December 2006 and January 2007, he had stated in his job application that he had no relative working for a public international organization, even though he was aware that at the time his brother was working for the 麻豆APP. As such, the fact that the Applicant failed to disclose relevant information when he should have, is essentially not in dispute. Whereas the Applicant insists to calls his deed an “oversight”, it is impossible to accept. By invoking the same justifications for not...
The Applicant had unusually received SPA for the more than the four-year period she performed functions at a higher level (February 2012 – June 2016). The post she encumbered was reclassified upwards to the FS-6 level in 2012, not 2006. The Tribunal refused her claim that she was performing higher-level functions between 2006 and 2012 when those functions were not recognized through an upward reclassification as higher-level functions. Additionally, under section 6.2(c) of ST/AI/2003/3, in respect of posts reclassified upwards at established missions, an SPA may not become effective before the...
The Tribunal did not agree with the Respondent that the actions of the Applicant as seen on the video footages were sufficient to rise to the required standard of proof of clear and convincing evidence to establish stealing; but found that the actions of the Applicant after he left with the shopping bag and the glaring inconsistencies in his testimony clearly pointed to a level of dishonesty betraying guilty knowledge that he did not pay for the items at issue. In other words, the Applicant knew that he did not pay for certain items especially after he, a career security officer, was accosted...
The Registry of the Tribunal has, in this case, tried to get in touch with the Applicant and her Counsel on record to no avail. While the Applicant has not expressly indicated a desire to abandon proceedings, the Tribunal is in a position where it simply cannot find the Applicant or Counsel acting on her behalf and so, can only assume that she is no longer interested in pursuing this matter any further.